Question 1

A nurse manager is concerned that actions by a female nurse may constitute sexual harassment. What element should the manager consider?

Accepted Answer

Rationale 1: The existence of sexual harassment is not defined by gender.
Rationale 2: Age is not pertinent in this decision.
Rationale 3: The person does not have to mean to be offensive for actions to constitute sexual harassment.
Rationale 4: If the situation would affect a reasonable person's work environment, the actions likely represent sexual harassment.

Question 2

An employee has requested special accommodations secondary to a disability. The hospital refuses, citing undue hardship. What must be present for that refusal to be upheld?

Accepted Answer

Rationale 1: An accommodation that is extremely difficult to implement may qualify under the undue hardship provision.
Rationale 2: Physical changes to the environment are frequently the accommodation requested and many of these changes are reasonable.
Rationale 3: The employee should not have to change positions if a reasonable accommodation can be made.
Rationale 4: Just because an accommodation has not be made previously does not mean it is not appropriate in this case.
Rationale 5: If the requested accommodation is extremely expensive it is not reasonable.

Question 3

A nurse who has an obvious physical disability applies for a staff nurse position. Which , asked by the nurse recruiter, is legal?

Accepted Answer

Rationale 1: Questions about the disability are not allowed.
Rationale 2: Applicants may be questioned about their ability to perform essential job functions.
Rationale 3: Questions about the disability are not allowed.
Rationale 4: Questions about the disability are not allowed.

Question 4

The nurse who has worked at a hospital for twenty five years suffers a disability secondary to a work-related accident and requests accommodation. The nurse is offered a position for which she is qualified, but in an area which she has no experience. Ethically, does the nurse's new position have to provide the same high salary as the old position?

Accepted Answer

Rationale 1: Legally this is correct, but is not the most ethical option.
Rationale 2: Reasonable accommodation does not require this legally. Ethically, it is not appropriate to offer a person with no experience a salary that may be higher than those with whom she works.
Rationale 3: There is no legal mandate to continue the salary, but ethically the nurse's seniority and loyalty to the hospital should be considered.
Rationale 4: Since the nurse has no experience in this position, it is unlikely that she will be "productive" for some time. This is not a good way to establish salary level.

Question 5

A job applicant with a disability has requested that the employer provide a reasonable accommodation. What does this request entail?

Accepted Answer

Rationale 1: The employer is not required to provide employment opportunities that would not also be extended to those without disabilities.
Rationale 2: Reasonable accommodation reflects changes that are needed for the worker to be successful. The employer must attempt to make accommodations that are needed and acceptable to all parties involved.
Rationale 3: The employer is not required to hire an applicant with a disability over other qualified applicants.
Rationale 4: Schedule modifications may be considered a reasonable accommodation if the changes are acceptable to both the employee and the employer.
Rationale 5: The requested modifications must be realistic and must not work an undue hardship on the employer.

Question 6

The nurse applies to a faith-based hospital. Another applicant who is of the same faith supported by the hospital is hired instead. Is this seen as discrimination under ADA?

Accepted Answer

Rationale 1: Employers with religious affiliations may give preference to individuals of the same religious sect.
Rationale 2: Employers with religious affiliations may hire preferentially.
Rationale 3: Experience and skill sets legally may not be the deciding factor in this situation.
Rationale 4: There is no reason to demonstrate a history of preferential hiring.

Question 7

Which situation would the nurse manager evaluate as sexual favoritism or preferential treatment?

Accepted Answer

Rationale 1: There is no indication that this is anything more than a normal date or encounter.
Rationale 2: An employer may be liable for unlawful sexual discrimination when an employee is denied a job opportunity or benefit due to the preferential treatment of another employee who submits to the employer's sexual advances.
Rationale 3: Making these remarks is unprofessional and unkind but does not represent preferential treatment.
Rationale 4: There is no information in this scenario that supports a claim of preferential treatment.

Question 8

Which employee would likely be unsuccessful in claiming job protection under the Americans with Disabilities act?

Accepted Answer

Rationale 1: Progressive hearing loss is a disability as defined by this act.
Rationale 2: The ADA excludes homosexuality from its coverage.
Rationale 3: There are multiple exclusions from the definition of disability under the ADA, including gender identity disorders not resulting from physical impairments.
Rationale 4: Compulsive gambling is not a covered ADA disability.
Rationale 5: This is a transitory condition and is not covered by the ADA.

Question 9

Which person best meets the criteria as a "member of a protected class" in a quid pro quo sexual harassment lawsuit?

Accepted Answer

Rationale 1: This female nurse does not meet the requirements to be considered in a "protected class."
Rationale 2: Differences in job description at the same supervisory level do not place one person in a "protected class."
Rationale 3: Gender is not considered as a component is determining placement in a "protected class."
Rationale 4: Persons that are members of a protected class are those who are employees in a lower position in the power chain of command.

Question 10

The nurse manager requests that a job applicant who has a physical disability receive a medical examination prior to assignment to a work station. Is this examination legal?

Accepted Answer

Rationale 1: This test does not necessarily violate ADA.
Rationale 2: This requirement is only legal if all other applicants for similar positions are also required to take the examination.
Rationale 3: The examination must be performed after the offer of a job is extended.
Rationale 4: Only persons with need to know should be told of the results of this test. The final decision to hire probably does not lie with a screening committee, so they would not have a need to know the results of medical exams. Medical exams should not be part of the screening process.

Question 11

The aim of the Americans with Disabilities Act was to eliminate discrimination against individuals with disabilities. In order to achieve this goal, Congress combines disability with which other legal concept?

Accepted Answer

Rationale 1: Autonomy is not a legal focus of this act.
Rationale 2: Right to work is not assured by this act.
Rationale 3: Fairness is not a major concept in this act.
Rationale 4: The aim was to ensure equality for those with disabilities, without undue hardships being placed on those regulated by the act.

Question 12

Which scenarios meet the Civil Rights Act of 1991 definition of quid pro quo sexual harassment?

Accepted Answer

Rationale 1: Quid pro quo occurs when submission to or rejection of the sexual conduct by an individual is used as a basis for employment decisions affecting the individual.
Rationale 2: Quid pro quo sexual harassment occurs when submission to or rejection of the sexual conduct for an individual is used as a basis for employment decisions affecting the individual.
Rationale 3: This scenario may represent sexual harassment, but does not meet the definition of quid pro quo.
Rationale 4: This situation most closely represents the development of a hostile work environment, but does not represent quid pro quo.
Rationale 5: There is no indication that this physician has any managerial relationship with the nurse or that the physician is involved in hiring or promoting nurses. Therefore, this may be a case of sexual harassment but is not quid pro quo.

Question 13

The nurse manager, making hiring decisions, would consider which applicants as protected from discrimination by the Americans with Disabilities Act and amendments?

Accepted Answer

Rationale 1: Transitory impairments (those with an actual or expected duration of 6 months or less) are not included in this definition.
Rationale 2: Mental impairment is considered a disability. This definition holds despite medication to control the disorder.
Rationale 3: Need to wear ordinary eyeglasses or contact lenses does not meet the definition of a disability.
Rationale 4: A person with history of a disability is covered by this act.
Rationale 5: One of the specific "major life events" covered by the amended act is alteration of normal cell growth.

Question 14

A nurse manager has been asked to present information about the Americans with Disabilities Act to newly employed nurses. What information about the evolution of this act should be included?

Accepted Answer

Rationale 1: Older Americans were not the focus population necessitating this act.
Rationale 2: While these children will benefit from this legislation, they were not the group necessitating the law.
Rationale 3: The act was necessitated by the discrimination faced by individuals with HIV/AIDS, as those persons identified loopholes not adequately addressed by existing state and federal laws.
Rationale 4: While this is a continuing trend, it was not the impetus for this act.

Question 15

Which scenario meets the Civil Rights Act of 1991 definition of hostile environment sexual harassment?

Accepted Answer

Rationale 1: This situation is more likely to represent quid pro quo sexual harassment.
Rationale 2: Submission to sexual innuendos, remarks, and physical acts that alter the conditions of the employee's employment and create an abusive environment is the definition of hostile work environment sexual harassment according to the Civil Rights Act of 1991.
Rationale 3: There is no indication that this argument is of a sexual nature, so sexual harassment is not probable.
Rationale 4: The presence of a homosexual nurse does not constitute hostile work environment sexual harassment.

Quiz 14: Federal Laws: the Americans With Disabilities Act of 1990 and the Civil Rights Act of 1991