Ch 7 EL

The employer must show how the ___________ will create an undue hardship and may not merely speculate on the issue. Lowered employee moral Actual costs of accommodating Accommodation will change company culture, which None of the above

Actual costs of accommodating

Contrary to some misconceptions, reasonable accommodation under the ADA does not require: A. an employer to lower job standards B. an employer to create realistic essential job functions C. physical and mental accommodations A and B

A. an employer to lower job standards

How many life activities must an impairment limit to be considered a disability? At least one At least two More than one Three or more

At least one

What factors drove Congress to pass the ADA Amendments Act? Uprise by Americans which created political pressures Response to several United States Supreme Court cases that narrowly construed the definition of disability Unclear guidelines were pushing the EEOC past the point of being able to handle incoming complaints Increased numbers of people claiming disability for being overweight

Response to several United States Supreme Court cases that narrowly construed the definition of disability

Under the Americans with Disabilities Act, it is illegal for a company with ____ or more employees to discriminate in employment against qualified persons with disabilities. 10 15 20 50

15

The Rehabilitation act of 1973 defines an "individual with a disability" as: A person who has a physical impairment A person with a mental impairment which substantially limits one or more of his or her major life activities A disabled person with a record of such impairment and/or perceived as having such an impairment. All of the Above

All of the Above

The EEOC reports that the majority of accommodations made by employers are: Free Nominal Expensive Unpayable, causing undue hardship

Nominal

The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship. Reasonable accommodations Employee handbooks Increased pay Illegal drug screening

Reasonable accommodations

Which of the following was not added to the EEOC's definition of impairment? Any physiological disorder or condition affecting one or more of the following systems: Special sense organs Cosmetic Digestive Neurological

Cosmetic

Which of the following is not a reasonable accommodation? Creating privacy barriers Exceptions to seniority rules Providing large print documents Ramps

Exceptions to seniority rules

(T/F) Disabled persons in the United States are not very common, with less than 5% of the population being afflicted with a disability.

False

(T/F) Only federal contractors doing over $50,000 in business have to take affirmative action to hire qualified disabled persons.

False

Across the United States there has been a(n) _________ in workplace disability discrimination claims. Increase Steady decrease Rapid decrease No change

Increase

The ADAAA requires that the determination of whether an employee has a disability be ___________ and _____________. Documented on public record : accessible to all employees to view Quick : painless A standardized procedure : used throughout all industries Particularly simple and straightforward : not require extensive analysis

Particularly simple and straightforward : not require extensive analysis

Which of the following is not considered a "major life activity" by the EEOC and the Supreme Court's definition? Walking Sitting Interacting with others Sexual reproduction

Sitting

The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by: Federal agencies Those receiving federal assistance Federal contractors All of the above

All of the above

The Rehabilitation Act of 1973: Governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities Expanded previous federal responsibilities for research for disabled persons Expanded training programs with respect to disabled persons All of the above

All of the above

What factors are considered when determining undue hardship? Size and nature of the business Extent and cost of the accommodation The overall resources of the business All of the above

All of the above

Traditional views of disabled people have been changing. In 1973, the city of Chicago repealed a law created in the 1880's that forbade disabled people who were diseased, maimed, or unsightly from: Marrying non-disabled persons Voting Being employed Appearing in public

Appearing in public

According to the U.S. Census Bureau, the largest claim for disability comes from: Being blind or having difficulty seeing Severe hearing loss Difficulty walking or climbing stairs Problems lifting or grasping objects

Difficulty walking or climbing stairs

Determining what constitutes the ________, and not _______, functions of the job is an important task for an employer to undertake for both practical and risk management considerations. Essential : marginal Marginal : essential Standard : variable Operational : technical

Essential : marginal

A qualified individual is one who: Can participate in major life activities as defined by the EEOC and the Supreme Court Passes the ADA exam Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job Has no disability

Has the skills, talents, education, and other abilities necessary to carry out the essential functions of the job

What is the name of the movement which has worked to take disabled persons out of isolation and institutions and place them squarely in the mainstream community of school and employment? Independent living movement One for all movement Disability freedom movement Equal people movement

Independent living movement

What did Congress intend employers to do before claiming undue hardship? Shoulder all the weight of providing accommodations Seek external government funding Hold internal fundraisers to provide for disabled employees' needs Have all other employees sign a petition as proof of undue hardship

Seek external government funding

Employers have wide latitude in disregarding usual company policy in favor of the disabled employee without running afoul of other anti-discrimination statutes, but generally may not make exceptions to: Working hours Job duties and responsibilities Mandated break times and lunch hours Seniority rules or collective bargaining agreements

Seniority rules or collective bargaining agreements

In School Board of Nassau v. Arline, a school board fired a school teacher who had recently recovered from a documented third bout of tuberculosis for fear that the disease would return and pose a risk to school children. Which of the following statements is true? The courts held that the school had the right to terminate the employment of the teacher to protect the safety of the children The courts held that the teacher could be terminated because it was a reoccurring illness and therefore more threatening to others The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act None of the above are correct

The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act

Which group has the duty to seek accommodations if needed? The position manager The employee The government The employer

The employee

Which of the following is not a step in determining what accommodations are required for a job? The employer and employee engage in a joint determination regarding barriers to performance The employee asks for an accommodation A listing of possible accommodations is examined The employee determines which accommodation is reasonable and effective

The employee determines which accommodation is reasonable and effective

The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether: The employer has a history of discrimination The individual truly needs employment The individual meets the definition of disability The employer needs to comply with ADA standards

The individual meets the definition of disability

Which of the following options is not considered to be a disability? HIV Transvestitism Cancer Diabetes

Transvestitism

(T/F) An employer may discriminate in employment on qualifications.

True

(T/F) If the accommodation would be highly disruptive to the workplace, as in the case of a significant shift of duties to another employee or a diminution of service or performance by other workers, there may be a claim of undue hardship.

True

(T/F) If the disabled person's condition constitutes a direct threat to the safety of others at work, he or she is considered not qualified for the job.

True

(T/F) Section 508 of the Rehabilitation Act requires federal information and technology platforms to be accessible to people with disabilities, including employees and the public.

True

(T/F) The Rehabilitation Act of 1973 expanded previous federal responsibilities for research and training programs with respect to disabled persons.

True

The Rehabilitation Act requires all employers to make reasonable accommodations for employees unless the accommodation would cause: Lasting hardship Unwanted hardship Undue hardship Annoying hardship

Undue hardship

The law prohibits the employer from making ________ decisions about what job functions a disabled employee may not be able to undertake. Unilateral Unanimous Unplanned Quick

Unilateral

An employer can refuse to implement what would otherwise be a reasonable accommodation: When the employee has not been officially hired When it would cause undue hardship When it hurts the company's image When the action of accommodating is seen as an irritation

When it would cause undue hardship

A job function may be considered essential for any of several reasons, including: A. The position exists to perform the function B. There are a limited number of workers among whom the function may be distributed C. The task is highly generalized A and B

A and B

Which of the following definitions was not adopted by the ADA from the Rehabilitation Act's definition of a disability? A physical or mental impairment that substantially limits one or more major life activities Having a record of an impairment Being perceived as having an impairment Being able to pass the national impairment proof test

Being able to pass the national impairment proof test

The effect of the Americans with Disabilities Act was to standardize and nationalize employment protections for the qualified disabled employee in the _________ sector. federal Both public and private public private

Both public and private

The independent living movement was instrumental in pushing for federal legislation to protect disabled persons from: Being enlisted Not being able to receive social security benefits Employment discrimination All of the above

Employment discrimination

An employer, before advertising a job and beginning the process of external hiring or internal promotion, should create a job description which details the ______ and _______ functions of the job position. Essential and nominal Marginal and tertiary Marginal and economical Essential and marginal

Essential and marginal

From a risk management point of view, an employer should be able to defend an interpretation of: Tertiary job functions Essential job functions General job responsibilities Reasonable salary for disabled people

Essential job functions

(T/F) Disabled persons have a higher employment rate than non-disabled persons.

False

Which of the following is not evidence of a task being essential? The consequences of the task not being done Formal job descriptions prepared before the job is announced and filled The percentage of time spent on the job performing a function High salary expectations for a specific task to be completed

High salary expectations for a specific task to be completed

The ADA did not initially define the terms _______ or _______. This created some difficulty for employers and courts alike in determining the parameters of the statute. Reasonable accommodation : discrimination Impairment : major life activity Disability : handicapped Undue hardship : disability discrimination

Impairment : major life activity

Disabilities that are covered by the ADAAA are: Temporary Permanent or temporary Temporary impairments that may evolve into permanent ones Permanent

Permanent or temporary

A covered employer must modify or adjust a job application process, work environment, job duties, or conditions or physical facilities to enable an otherwise qualified disabled employee to perform the essential function of a job. This is known as: Job specification Disability discrimination Social equality Reasonable accommodation

Reasonable accommodation

The EEOC provides the following example: An employee with breast cancer is undergoing chemotherapy. As a consequence of the treatment, the employee is subject to fatigue and finds it difficult to keep up with her regular workload. So that she may focus her reduced energy on performing her essential functions, the employer transfers three of her marginal functions to another employee for the duration of the chemotherapy treatments. The second employee is unhappy at being given extra assignments, but the employer determines that the employee can absorb the new assignments with little effect on his ability to perform his own assignments in a timely manner. Which of the following is true? Since the employer cannot show significant disruption to its operation, there is no undue hardship. Undue hardship falls upon the second employee. He would have a case in court for undue hardship with the additional responsibilities. There is evidence of undue hardship with both the disruption in work and the agitation of the second employee. The cancer patient is causing undue hardship by not being able to fulfill all the expected responsibilities.

Since the employer cannot show significant disruption to its operation, there is no undue hardship.

Under the ADA , if an employer is considering two qualified applicants for a job, one disabled and the other not, then: The employer will have not violated the ADA if he/she chooses not to hire the disabled person because of disability or the requirement that an accommodation be made. The employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made. If both applicants are truly equal, the employer will be able to choose either without fear of legal ramifications. The disabled person will have to show that he/she is substantially better at the job to receive any legal support.

The employer will have violated the ADA if he/she chooses not to hire the disabled person because of the disability or the requirement that an accommodation be made.

The calculation of whether a task is essential to a job is relative to: The Federal laws and company size The firm and the job The company mission statement and EEOC compliance The state laws and industry involved

The firm and the job

What is the ADA's definition of an essential function? The fundamental duties of the employment position the individual with a disability holds or desires The critical duties that can only be held by a select number of employees The general tasks performed throughout a working day in any position Any function that must be performed by management or someone within a supervisory role.

The fundamental duties of the employment position the individual with a disability holds or desires

Part of the increase in disability discrimination complaints to the EEOC is caused by: The slowness of employers to modify negative stereotypical thinking about disabled employees The increasingly fast-paced workforce environment Disabilities becoming less common among the general public, which means fewer disabled people to work with All of the above

The slowness of employers to modify negative stereotypical thinking about disabled employees