Question 1

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 2

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

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities, including those with AIDS or related conditions, as long as they can perform the essential functions of their job.

Question 3

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 agency to file an ADA (Americans with Disabilities Act) complaint with, after going through state or local channels if applicable, is the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.

Question 4

In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use?
A)Raytheon Co. v. Hernandez
B)Skinner v. Railway Labor Executives' Association
C)New York City Transit Authority v. Beazer
D)Vande Zande v. State of Wisconsin Dept.

Accepted Answer

In Skinner v. Railway Labor Executives' Association, the Supreme Court upheld the constitutionality of Federal Railroad Administration regulations mandating drug tests for all railroad employees involved in accidents, without the need for individual suspicion.

Question 5

In National Treasury Employees Union v. Von Raab, the Supreme Court upheld rules of the:
A)U.S. Customs Service.
B)U.S. Prevention of Drug Act.
C)National Labor Relation Board.
D)Occupational Safety and Health Act.

Accepted Answer

In National Treasury Employees Union v. Von Raab, the Supreme Court upheld the rules of the U.S. Customs Service, specifically regarding drug testing of employees seeking promotions to positions involving drug interdiction or requiring them to carry firearms.

Question 6

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 against otherwise qualified individuals with a disability by persons or entities operating or administering any federally funded programs.

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

The court held that the employer's refusal to allow a disabled employee to work at home was not a violation of the Americans with Disabilities Act (ADA), as the employer had provided reasonable accommodation by making adjustments to the workplace.

Question 8

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 Americans with Disabilities Act (ADA). This decision clarified that the pursuit of Social Security disability benefits does not automatically disqualify someone from claiming they are able to perform a job under the ADA.

Question 9

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

An accommodation that would eliminate an essential function of the job is not considered reasonable, and employers are not required to wait indefinitely for an employee to return to work. This principle is based on the understanding that certain job functions are fundamental, and accommodations cannot impose undue hardship on the employer, including significant delays in an employee's return to work.

Question 10

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 Civil Rights Act of 1991 amended several statutes governing employment discrimination, including the Americans with Disabilities Act (ADA). It specifically added provisions for compensatory and punitive damages in cases of intentional discrimination under 42 U.S.C. Section 1981A.

Question 11

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 to the United States Constitution protects individuals from unreasonable searches and seizures by the government, which includes public sector drug testing without proper justification or procedure.

Question 12

In Severino v. North Fort Meyers Fire Control Dist., it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during:
A)communication with others.
B)rescue operations.
C)training.
D)meal times.

Accepted Answer

In Severino v. North Fort Meyers Fire Control Dist., the court held that reassigning a firefighter who was HIV-positive to light duties was a reasonable accommodation under the Rehabilitation Act, specifically because of the risk of transmitting the disease to others during rescue operations, where the likelihood of exposure to blood and bodily fluids is high.

Question 13

In Harris v. Union Pacific Railroad Company , the plaintiffs asserted three class claims under the:
A)Americans with Disabilities Act.
B)Rehabilitation Act.
C)Civil Rights Restoration Act.
D)None of these answers.

Accepted Answer

In Harris v. Union Pacific Railroad Company, the plaintiffs asserted class claims under the Americans with Disabilities Act (ADA), focusing on alleged discriminatory practices against employees perceived to have disabilities.

Question 14

In Georgia Association of Educators v. Harris, a federal court in Georgia:
A)held that asymptomatic HIV was a disability within the meaning of the ADA because it was a medical condition that impaired the major life activity of reproduction.
B)granted an injunction against transfer to a Georgia administrative position because the risk of AIDS transmission in the classroom was minimal.
C)issued an injunction against the enforcement of Georgia legislation requiring drug tests of all applicants for state employment.
D)issued an injunction to prevent an employer from unilaterally implementing a drug testing program.

Accepted Answer

The answer of In Georgia Association of Educators v. Harris,...

Question 15

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 specifically prohibits discrimination on the basis of disability in federal executive agencies.

Question 16

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 17

In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court 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

In Board of Trustees of the University of Alabama v. Garrett, the U.S. Supreme Court ruled that the Eleventh Amendment to the U.S. Constitution gave states immunity from individual suits for damages under the Americans with Disabilities Act (ADA). This decision highlighted the limitations of federal power in enforcing the ADA against states due to the sovereign immunity granted by the Eleventh Amendment.

Question 18

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 back pay

Accepted Answer

Chalfant sued Titan for disability discrimination under the Americans with Disability Act (ADA) and was awarded $60,000 in back pay.

Question 19

The court case Doe v. Massachusetts Department of Correction dealt with:
A)transgender protections under the ADEA.
B)tardiness and absenteeism under the ADEA.
C)drug testing rules under the ADEA.
D)All of these answers.

Accepted Answer

Doe v. Massachusetts Department of Correction was a case that dealt with transgender protections under the Age Discrimination in Employment Act (ADEA).

Question 20

The court case Whitmire v. Wal-Mart Stores dealt with discrimination under:
A)the Civil Rights Act of 1984.
B)the Fair Labors Standards Act.
C)the Arizona Medical Marijuana Act.
D)Executive Order 11246.

Accepted Answer

Whitmire v. Wal-Mart Stores involved a case of alleged discrimination under the Arizona Medical Marijuana Act. The plaintiff claimed they were wrongfully terminated due to their lawful use of medical marijuana.

Quiz 10: Discrimination Based on Disability

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

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.

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

In which of the following cases did the Supreme Court uphold the constitutionality of Federal Railroad Administration regulations that required drug tests of all railroad employees involved in accidents, regardless of whether there was any reason to suspect individual employees of drug use?

In National Treasury Employees Union v. Von Raab, the Supreme Court upheld rules of the:

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:

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:

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?

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

In Severino v. North Fort Meyers Fire Control Dist., it was held that a firefighter who was HIV-positive was reasonably accommodated under the Rehabilitation Act by being reassigned to light duties because the medical evidence indicated a risk of transmission of his disease to others during:

In Harris v. Union Pacific Railroad Company , the plaintiffs asserted three class claims under the:

In Georgia Association of Educators v. Harris, a federal court in Georgia:

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

Drug testing by employers is not generally prohibited by any:

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

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

The court case Doe v. Massachusetts Department of Correction dealt with:

The court case Whitmire v. Wal-Mart Stores dealt with discrimination under: