Question 1

In Humphrey v.Memorial Hospitals Association,Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist.Humphrey was fired on October 10,1995 because of her history of:
A) stress and anxiety.
B) tardiness and absenteeism.
C) reduced sales and profitability.
D) surgery and heart disease.

Accepted Answer

According to the question, Carolyn Humphrey was fired because of her history of tardiness and absenteeism, which means she was frequently late or absent from work.

Question 2

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:
A) states executive.
B) private agencies.
C) companies.
D) federal executives.

Accepted Answer

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by federal executives, specifically within the federal government's employment practices.

Question 3

The constitutional challenges to public sector drug testing are based on the _______________,which forbids unreasonable searches or seizures by the government.
A) Third amendment
B) Fourth amendment
C) Equal Protection Act
D) Sixth amendment

Accepted Answer

The Fourth Amendment of the U.S. Constitution grants citizens the right to be free from unreasonable searches and seizures by the government, including drug testing of public sector employees.

Question 4

In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA?
A) Cleveland v.Policy Management Systems
B) Board of Trustees of the University of Alabama v.Garrett
C) Albertsons, Inc.v.Kirkingburg
D) Sutton v.United Air Lines, Inc

Accepted Answer

In Cleveland v. Policy Management Systems, the Supreme Court held that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA, even if they are unable to perform the essential functions of their job with or without reasonable accommodation.

Question 5

Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA)?
A) Employees who use illegal drugs
B) Infectious or contagious diseases
C) Temporary or short-term nonchronic conditions
D) Alcoholics who use alcohol

Accepted Answer

The answer of Which of the following conditions are included...

Question 6

Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as:
A) essential function.
B) avoidable risk.
C) direct threat.
D) undue hardship.

Accepted Answer

According to the Americans with Disabilities Act (ADA), direct threat refers to a significant risk of substantial harm to the health or safety of others that cannot be eliminated or reduced by reasonable accommodation. Hence, option C is the correct answer.

Question 7

In Vande Zande v.State of Wisconsin Dept.of Administration,the court held that an employer's refusal to allow a disabled employee to work at home was:
A) a violation of the ADA.
B) a discriminatory action.
C) not a violation of the ADA.
D) a violation of the NLRA.

Accepted Answer

In Vande Zande v. State of Wisconsin Dept. of Administration, the court held that an employer's refusal to allow a disabled employee to work from home was not a violation of the ADA. The court reasoned that the employee failed to show that working from home was a reasonable accommodation, and that the employer had made other efforts to accommodate the employee's disability by modifying the employee's work schedule and providing special equipment.

Question 8

The________________ applies to both private and public sector employers with fifteen or more employees,but does not apply to most federal government employers,American Indian tribes,or bona fide private membership clubs.
A) National Labor Relation Act
B) Americans with Disabilities Act
C) Occupational Safety and Health Act
D) Equal Pay Act

Accepted Answer

The Americans with Disabilities Act applies to both private and public sector employers with fifteen or more employees, but there are exceptions for federal government employers, American Indian tribes, and bona fide private membership clubs. The other options listed do not have the same employee number threshold or exceptions.

Question 9

In Board of Trustees of the University of Alabama v.Garrett,the U.S.Supreme Court,in a 5-4 decision,ruled that the Eleventh Amendment to the U.S.Constitution gave the states immunity from individual suits for damages under the:
A) Occupational Safety and Health Act.
B) National Labor Relation Act.
C) U.S.Constitution.
D) Americans with Disabilities Act.

Accepted Answer

The correct answer is the Americans with Disabilities Act (ADA) as it was the law at issue in the Board of Trustees of the University of Alabama v. Garrett case. The Supreme Court held that the Eleventh Amendment gave states immunity from lawsuits for damages under the ADA, which prohibits discrimination against individuals with disabilities in employment and other contexts.

Question 10

Drug testing by employers is not generally prohibited by any:
A) federal legislation.
B) states legislation.
C) state statutes.
D) private companies.

Accepted Answer

Federal legislation does not generally prohibit drug testing by employers, allowing for significant discretion at the federal level for employers to implement drug testing policies. State laws and regulations, however, can vary significantly, with some states imposing restrictions on when and how employers can conduct drug tests.

Question 11

The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.
A) Civil Rights Act of 1984
B) Fair Labors Standards Act
C) Rehabilitation Act of 1973
D) Executive Order 11246

Accepted Answer

The Rehabilitation Act of 1973 prohibits discrimination based on disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors.

Question 12

In Chalfant v.Titan Distribution,Inc.,Chalfant sued Titan for disability discrimination under the ___________________ and was awarded ________________.
A) National Labor Relation Act, $100, 000 in front pay
B) Americans with Disability Act, $60,000 in front pay.
C) Americans with Disability Act, $60,000 in back pay..
D) National Labor Relation Act, $100, 000 in front pay...

Accepted Answer

The answer of In Chalfant v.Titan Distribution,Inc.,Chalfant sued Titan for...

Question 13

Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:
A) Civil Rights Act, section 501.
B) Americans With Disabilities Act, section 503.
C) Rehabilitation Act, section 504.
D) Title VII, section 505.

Accepted Answer

The Rehabilitation Act, section 504, specifically prohibits discrimination on the basis of disability in programs or activities receiving federal financial assistance. The other options listed do not directly address disability discrimination in federally funded programs.

Question 14

The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under:
A) Fourth Amendment of the U.S.Constitution.
B) U.S.C.section 1980b.
C) Section 704(k) Title VII.
D) 42 U.S.C.Section 1981A.

Accepted Answer

The correct provision that allows suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the ADA is found in 42 U.S.C. Section 1981A, which was added by the Civil Rights Act of 1991. Choices A, B, and C are not relevant to the ADA or damages for intentional discrimination.

Question 15

The _________________ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.
A) American Medical Association
B) Public Health Service
C) U.S.Food and Drug Administration
D) Secretary of Health and Human Services

Accepted Answer

The answer of The _________________ was encouraged by the Americans...

Question 16

An individual must first file an ADA complaint with a state or local agency,where appropriate,and then with the:
A) EEOC.
B) OSHA.
C) NLRB.
D) U.S.Supreme Court.

Accepted Answer

The correct next step after filing a complaint with a state or local agency is to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws prohibiting employment discrimination, including the Americans with Disabilities Act (ADA). Filing a complaint with the EEOC is necessary before pursuing legal action in court. OSHA (Occupational Safety and Health Administration) is responsible for ensuring safe and healthy working conditions, while the NLRB (National Labor Relations Board) handles labor disputes and collective bargaining issues. The U.S. Supreme Court is a court of last resort and does not handle initial ADA complaints.

Question 17

In Smith v.Blue Cross/Blue Shield of Kansas,Inc.,an accommodation that would eliminate an essential function of the employee's job is not reasonable,and an employer is not required to wait indefinitely for:
A) an employee to return to work.
B) the government to take action.
C) insurance to be paid.
D) an employee to take medical test.

Accepted Answer

The court held that an employer is not required to wait indefinitely for an employee to return to work, and an accommodation that would eliminate an essential function of the employee's job is not reasonable.

Question 18

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except:
A)House of Representatives.
B) U.S.employers operating abroad or controlling foreign corporations.
C) Federal government employers.
D) private and public sector employers with fifteen or more employees.

Accepted Answer

The answer of The Americans with Disabilities Act (ADA) applies...

Question 19

In ______________________,the Supreme Court held that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the Americans with Disabilities Act (ADA).
A) Southeastern Community College v.Davis
B) Albertsons, Inc.v.Kirkingburg
C) Toyota Motor Manufacturing, Kentucky, Inc.v.Williams
D) Cleveland v.Policy Management Systems

Accepted Answer

Cleveland v. Policy Management Systems Corp. clarified that an individual applying for Social Security Disability Insurance (SSDI) can still be considered a "qualified individual with a disability" under the Americans with Disabilities Act (ADA), addressing how claims under the ADA and applications for SSDI benefits interact.

Question 20

Employers are required to make ____________________for employees with AIDS or related conditions,as long as the employees are capable of performing the essential functions of the job.
A) rehabilitation
B) reasonable accommodation
C) disability exception provision
D) improvisations

Accepted Answer

Employers are required to make reasonable accommodations for employees with AIDS or related conditions, as long as the employees are capable of performing the essential functions of the job. This is mandated by the Americans with Disabilities Act (ADA).

Quiz 10: Discrimination Based On Disability

In Humphrey v.Memorial Hospitals Association,Carolyn Humphrey worked for Memorial Hospitals Association (MHA) as a medical transcriptionist.Humphrey was fired on October 10,1995 because of her history of:

Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability by:

The constitutional challenges to public sector drug testing are based on the _______________,which forbids unreasonable searches or seizures by the government.

In which of the following cases did the Supreme Court hold that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the ADA?

Which of the following conditions are included in the definition of disability under the Americans with Disabilities Act (ADA) ?

Significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation is known as:

In Vande Zande v.State of Wisconsin Dept.of Administration,the court held that an employer's refusal to allow a disabled employee to work at home was:

The________________ applies to both private and public sector employers with fifteen or more employees,but does not apply to most federal government employers,American Indian tribes,or bona fide private membership clubs.

In Board of Trustees of the University of Alabama v.Garrett,the U.S.Supreme Court,in a 5-4 decision,ruled that the Eleventh Amendment to the U.S.Constitution gave the states immunity from individual suits for damages under the:

Drug testing by employers is not generally prohibited by any:

The provisions of the __________________ prohibit discrimination against otherwise qualified individuals with a disability.

In Chalfant v.Titan Distribution,Inc.,Chalfant sued Titan for disability discrimination under the ___ and was awarded .

Discrimination on the basis of disability against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs is prohibited under the:

The Civil Rights Act of 1991 was amended to allow suits for compensatory and punitive damages against parties accused of intentional discrimination in violation of the Americans with Disabilities Act (ADA) under:

The _________________ was encouraged by the Americans with Disabilities Act (ADA) to develop a list of diseases that can be transmitted through food handling.

An individual must first file an ADA complaint with a state or local agency,where appropriate,and then with the:

In Smith v.Blue Cross/Blue Shield of Kansas,Inc.,an accommodation that would eliminate an essential function of the employee's job is not reasonable,and an employer is not required to wait indefinitely for:

The Americans with Disabilities Act (ADA) applies to all of the following individuals or groups except:

In ______________________,the Supreme Court held that an individual who applies for Social Security disability benefits may still be a "qualified individual with a disability" within the meaning of the Americans with Disabilities Act (ADA) .

Employers are required to make ____________________for employees with AIDS or related conditions,as long as the employees are capable of performing the essential functions of the job.