MGT301 - Chapter 13

True or false: Negligence is not a valid defense against workers' compensation claims in the case of a work-related injury.

False

True or false: The Americans with Disabilities Act (ADA) requires that an employer reasonably accommodate a worker with a disabled child.

False

True or false: The probability that a disease can be transmitted and may cause varying degrees of harm to others should not affect an employer's decision about whether an individual with a disability based on a disease is "otherwise qualified" for a position.

False

True or false: Under the Americans with Disabilities Act (ADA), a plaintiff must show that the employer was the recipient of federal funds to successfully assert a harassment claim.

False

True or false: An individual does not need to have an impairment that prevents or severely or significantly restricts a major life activity to be considered substantially limited.

True

In 1992, Congress passed the _____, which was seen by many disability advocates as the "Declaration of Independence" or "Emancipation Proclamation" for the disabled because it applied nationwide and extended legal protections to private employers. a. Americans with Disabilities Act b. Civil Rights Act c. Social Security Act d. Vocational Rehabilitation Act

a. Americans with Disabilities Act

Identify the theories that must be proved by a claim of associational discrimination under the Americans with Disabilities Act (ADA). (Check all that apply.) a. An employer fears that an employee has a genetic predisposition to develop a disability. b. An employer assumes that the performance of a disabled employee can be boosted if he or she is given proper recognition. c. An employer assumes that the performance of an employee will be impaired because of association with a person with a disability. d. An employer fears that disabled employees will perform better than able-bodied employees. e. An employer believes that employing a disabled person will lead to decreased costs to the company.

a. An employer fears that an employee has a genetic predisposition to develop a disability. c. An employer assumes that the performance of an employee will be impaired because of association with a person with a disability.

Identify a true statement about a disability after the ADA (Americans with Disabilities Act) Amendments Act came into effect. a. Courts have expanded the scope of what constitutes a disability. b. A predisposition to a certain disease is considered a disability. c. A person infected with human immunodeficiency virus (HIV) is not considered to have a disability. d. Personality traits such as poor judgment, quick temper, or irresponsible behavior are considered disabilities.

a. Courts have expanded the scope of what constitutes a disability.

According to the ADA (Americans with Disabilities Act) Amendments Act of 2008, which of the following constitute disabilities? (Check all that apply.)Please note the acronym:HIV - Human immunodeficiency virus a. HIV-positive status b. Depression c. Advanced age d. Quick temper

a. HIV-positive status b. Depression

Identify the true statements about trying a pattern-or-practice case of discrimination against disabled employees. (Check all that apply.) a. If an employment policy is facially discriminatory, employees need to prove only that the policy was illegal. b. Stage one of the case requires the employees to prove that discrimination is a regular policy or practice of the employer. c. The court cannot grant relief or order a policy to be stopped unless individual employees prove individual harm caused by the policy. d. Anecdotal evidence is not considered proof of discrimination, irrespective of whether discrimination can be inferred from it.

a. If an employment policy is facially discriminatory, employees need to prove only that the policy was illegal. b. Stage one of the case requires the employees to prove that discrimination is a regular policy or practice of the employer.

With reference to workers' compensation and employer liabilities, identify the injuries that are considered work-related injuries. (Check all that apply.) a. Injury due to insufficient safety gear at work b. Injury due to a stroke at work in a factory c. Injury due to a heart attack related to untreated high blood pressure d. Injury due to collapse of outdated machinery

a. Injury due to insufficient safety gear at work d. Injury due to collapse of outdated machinery

In the context of workplace discrimination, identify a true statement about the Genetic Information Nondiscrimination Act (GINA). a. It prohibits employers with 15 or more employees from requesting genetic information from employees. b. It provides strict protection against genetic discrimination. c. It enables employers to ask employees about their family histories for reasons other than certification. d. It mandates that all employers should consider employees' genetic background in taking any employment action.

a. It prohibits employers with 15 or more employees from requesting genetic information from employees.

Identify the factors that help determine if an individual with a disability based on a disease may be "otherwise qualified" for a position. (Check all that apply.) a. Potential harm to third parties b. Whether the disease is hereditary or acquired c. Name of the disease d. How long the carrier is infectious e. The probability that the disease will be transmitted

a. Potential harm to third parties d. How long the carrier is infectious e. The probability that the disease will be transmitted

In the context of the Americans with Disabilities Act of 1992, identify the instances of discrimination based on a hostile work environment. (Check all that apply.) a. Refusing to hire a disabled employee b. Promoting a disabled employee c. Firing a disabled employee d. Demoting a disabled employee e. Giving equal benefits to a disabled employee and other employees

a. Refusing to hire a disabled employee c. Firing a disabled employee d. Demoting a disabled employee

With reference to the Americans with Disabilities Act (ADA), identify the true statements about a request for an accommodation by a disabled employee. (Check all that apply.) a. The ADA does not require an employee to anticipate the possible information that an employer may need in order to provide a reasonable accommodation. b. An employee who merely tells a supervisor that physical pain prevented them from working and requests medical leave is not protected by the ADA. c. To qualify as a sufficient request for accommodation, the employee needs to request the employer for a specific accommodation. d. The ADA avoids a formulaic approach in favor of an interactive discussion between the employer and the employee.

a. The ADA does not require an employee to anticipate the possible information that an employer may need in order to provide a reasonable accommodation. d. The ADA avoids a formulaic approach in favor of an interactive discussion between the employer and the employee.

Identify the true statements about retaliation under the Americans with Disabilities Act (ADA) in the United States. (Check all that apply.) a. The ADA forbids intimidation, interference, or coercion against the employee engaged in a protected activity. b. If found guilty in a retaliation suit, the employer is liable for punitive or compensatory damages under the ADA. c. A retaliation suit is allowed jury trial if the employee manages to establish a retaliation claim. d. To establish a retaliation claim, an employee must have engaged in a protected activity, such as opposition to discrimination.

a. The ADA forbids intimidation, interference, or coercion against the employee engaged in a protected activity. d. To establish a retaliation claim, an employee must have engaged in a protected activity, such as opposition to discrimination.

With reference to a claim of discrimination based on disability, identify the factors to be examined to determine undue hardship for an employer. (Check all that apply.) a. The nature and cost of the accommodation b. The effect of the accommodation on the public perception of the business c. The employer's willingness to accommodate d. The type of operation of the employer

a. The nature and cost of the accommodation d. The type of operation of the employer

Identify the factors that a plaintiff must establish to successfully assert a harassment claim under the Americans with Disabilities Act (ADA). (Check all that apply.) a. The plaintiff was subject to unwelcome harassment. b. The defendant took remedial action against the harassment. c. The plaintiff is a qualified individual with a disability protected by the Vocational Rehabilitation Act. d. The harassment was based on the plaintiff's disability. e. The harassment was sufficiently severe or pervasive to alter a term, condition, or privilege of employment.

a. The plaintiff was subject to unwelcome harassment. d. The harassment was based on the plaintiff's disability. e. The harassment was sufficiently severe or pervasive to alter a term, condition, or privilege of employment.

In disparate impact cases, an employer can defend against an employee's claim of discrimination with a claim of _____. a. business necessity b. regular unemployment insurance c. combined wage d. paramountcy

a. business necessity

Harassment of an employee exists to such an extent that a reasonable employee would dread or fear going to work in a(n) _____ work environment. a. hostile b. quid pro quo c. confrontational d. biased

a. hostile

In the context of the amendments to the Americans with Disabilities Act (ADA), disability is determined _____. a. on the basis of the impairment's effect on the disabled person's life b. based on identifying whether the disability is hereditary c. on the basis of the diagnosis of an employee's impairment d. based on when the disability was diagnosed

a. on the basis of the impairment's effect on the disabled person's life

The Equal Employment Opportunity Commission (EEOC) regulations define _____ as the personal and professional attributes established as requirements which an individual must meet in order to be eligible for the position held or desired. a. qualification standards b. undue hardship c. reasonable accommodations d. disability notifications

a. qualification standards

Section 503 of the Vocational Rehabilitation Act of 1973 requires that, where a federal department or agency enters into a contract that exceeds _____ annually, the contractor is required to take affirmative action to employ and promote qualified disabled individuals. a. $30,000 b. $10,000 c. $5,000 d. $7,000

b. $10,000

In the context of the Americans with Disabilities Act (ADA), identify the common conditions that might not readily be considered disabilities but that might qualify as such under some circumstances. a. Fever b. Allergies c. Pregnancy d. Obesity e. Drug abuse

b. Allergies c. Pregnancy d. Obesity e. Drug abuse

The _____ has emphasized that the term "substantially limited" requires a lower degree of functional limitation than the standard previously applied by the courts. a. Office of Education Affairs b. Equal Employment Opportunity Commission c. Judicial Panel on Multidistrict Litigation d. Office of Administration

b. Equal Employment Opportunity Commission

Successful retaliation claims under the ADA allow for which of the following? a. Jury trials b. Equitable relief c. Punitive damages d. Compensatory damages

b. Equitable relief

According to the ADA (Americans with Disabilities Act) Amendments Act, which of the following are considered major life activities? (Check all that apply.) a. Left-handedness b. Immune system functions c. Being active in sports d. Thinking and communicating e. Reproductive functions

b. Immune system functions d. Thinking and communicating e. Reproductive functions

Which of the following is true about the Americans with Disabilities Act of 1992? a. It has different provisions for each state. b. It applies to all employers with at least 15 employees. c. It applies only to the government and firms working for the government. d. It provides protection only to private employees.

b. It applies to all employers with at least 15 employees.

Identify a true statement about the Americans with Disabilities Act of 1990. a. It provides protection to disabled employees only after they are hired by a company. b. It provides protection to employees with disabilities in activities such as job application procedures and job training. c. It excludes employees who have contagious diseases. d. It provides additional benefits to disabled workers as compared to able-bodied employees.

b. It provides protection to employees with disabilities in activities such as job application procedures and job training.

Identify a provision of Section 503 of the Vocational Rehabilitation Act of 1973. a. It requires old-age benefits to be paid to all employees based on wages received in employment in any service performed within the United States. b. It requires affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. c. It mandates federal taxes to be paid by all employers and employees based on wages received in employment for any service performed. d. It requires employees to receive an allowance, called an employment and support allowance, from their employers.

b. It requires affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers.

In addition to the fact that the Americans with Disabilities Act (ADA) applies to an employer, which of the following things do an employee need to prove to be able to claim disability discrimination? (Check all that apply.) a. That the employer has been convicted of fraud in the past b. That he or she has suffered an adverse employment decision such as a termination or demotion c. That he or she is disabled d. That the employer is not providing him or her with additional incentives e. That he or she is qualified for the position

b. That he or she has suffered an adverse employment decision such as a termination or demotion c. That he or she is disabled e. That he or she is qualified for the position

Worker's compensation contributions for larger employers are based on which of the following? a. The total amount of profit b. The company's injury record c. The number of employees d. The number of years on business

b. The company's injury record

With reference to the Equal Employment Opportunity Commission Guidance, identify a feature of a request for an accommodation by a disabled employee. a. The employee must mention the Americans with Disabilities Act when requesting for reasonable accommodation. b. The request for reasonable accommodation may be in plain English. c. The request must contain the phrase "reasonable accommodation." d. A request asking for continued employment cannot be a sufficient request for accommodation.

b. The request for reasonable accommodation may be in plain English.

Identify the factors that determine the reasonableness of an accommodation provided by an employer to a disabled employee. (Check all that apply.) a. The reason for the employee's disability b. The size of the company c. The qualification of the employee d. The cost to the employer

b. The size of the company d. The cost to the employer

Identify the true statements about undue hardship with reference to accommodation of disabled employees. (Check all that apply.) a. It refers to the difficulties faced by disabled employees at their workplace. b. The size of the employer is a factor in determining undue hardship. c. It includes any accommodation that alters the operation of a business. d. Employers are required to accommodate disabled employees even if the accommodation imposes undue hardship on the employer.

b. The size of the employer is a factor in determining undue hardship. c. It includes any accommodation that alters the operation of a business.

The _____ states that "no otherwise qualified individual with a disability in the United States . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency." a. Americans with Disabilities Act of 1990 b. Vocational Rehabilitation Act of 1973 c. Social Security Act of 1935 d. Workplace Regulations 1992

b. Vocational Rehabilitation Act of 1973

The Equal Employment Opportunity Commission (EEOC) considers a person intellectually disabled if that disability originated ____. a. between the age of 20 and 30 b. before the age of 18 c. after marriage d. after his or her first employment

b. before the age of 18

According to the amendments to the Americans with Disabilities Act (ADA), a physical or mental impairment that substantially limits one or more major life activities of an individual is termed a(n) _____. a. special need b. disability c. transitory issue d. affliction

b. disability

The Equal Employment Opportunity Commission (EEOC) defines a person with intellectual disability as anyone with an intelligence quotient (IQ) of below _____. a. 80-85 b. 75-80 c. 70-75 d. 85-90

c. 70-75

_____ testing involves "the analysis of chromosomes, genes or gene products to determine whether a mutation is present that is causing or will cause a certain disease or condition." a. Diagnostic b. Polygraph c. Genetic d. Biochemical

c. Genetic

Pattern-or-practice cases of discrimination are tried in two stages. Identify a true statement about the second stage. a. The employer pays punitive damages for the finding of a policy or practice as discriminatory. b. The employees prove that discrimination is a regular policy or practice of the employer. c. Individual employees prove individual harm using the finding of a policy as discriminatory from the first stage. d. The employer proves that the evidence of discrimination as a regular practice provided by the employees is insignificant.

c. Individual employees prove individual harm using the finding of a policy as discriminatory from the first stage.

_____ is the omission or failure to do something in the way that a reasonable or prudent person would have done the same thing, or doing something that a reasonable or prudent person would not have done. a. Strict liability b. Willful action c. Negligence d. Recklessness

c. Negligence

After a prima facie showing of disability, who has the burden of proof under the ADAAA? a. The judge b. The plaintiff c. The defendant d. The EEOC

c. The defendant

In an effort to stem discrimination against disabled employees and applicants, in 1973, Congress enacted the _____. a. Social Security Act b. Welfare Reform Act c. Vocational Rehabilitation Act d. Patient Protection and Affordable Care Act

c. Vocational Rehabilitation Act

Any physiological disorder or condition affecting one or more body systems that substantially limits one of life's major activities is termed a(n) _____. a. disorder b. condition c. impairment d. malady

c. impairment

Functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working are called _____ activities. a. able b. functional c. major life d. paramount

c. major life

With regard to the Americans with Disabilities Act of 1992, whether a hostile work environment exists depends upon _____. a. the type of business the company is performing b. the total number of employees in the company c. the court circuit in which an individual works d. the amount of profits earned by the company

c. the court circuit in which an individual works

The _____ means that, generally, as long as an applicant or employee is otherwise qualified for a position, with or without reasonable accommodation, an employer is prohibited from making any adverse employment decision solely on the basis of the disability. a. Social Security Act b. Personal Responsibility and Work Opportunity Act protection c. Affordable Care Act d. Americans with Disabilities Act (ADA) and Rehabilitation Act protection

d. Americans with Disabilities Act (ADA) and Rehabilitation Act protection

Identify a true statement about tort liability of an employer. a. It is not applicable when a disabled employee has a contagious disease. b. It refers to the omission or failure to do something in the way that a reasonable or prudent person would have done the same thing. c. It is not included under the Americans with Disabilities Act (ADA). d. It may arise if an employer reacts to the news that an employee has a contagious disease in a way that causes the employee severe emotional distress.

d. It may arise if an employer reacts to the news that an employee has a contagious disease in a way that causes the employee severe emotional distress.

Which of the following actions would not be a violation of the ADAAA? a. Immediately firing a person because the employer suspected the person was an alcoholic. b. Not hiring a person because they have obesity caused by diabetes. c. Firing a person for breastfeeding at a schedule that does not impair the person's work. d. Not hiring somebody because of a high BMI, because the employer fears that it may cause safety issues.

d. Not hiring somebody because of a high BMI, because the employer fears that it may cause safety issues.

Based on research, which of the following is true about reasonable accommodation provided by an employer to a disabled employee? a. Reasonable accommodation reduces equal opportunities for nondisabled and disabled workers. b. Reasonable accommodation is considered a wasteful investment. c. Reasonable accommodation discourages a disabled employee from performing better. d. Reasonable accommodation expenses are normally quite low.

d. Reasonable accommodation expenses are normally quite low.

Identify a true statement about no-fault statutes. a. They are unbalanced in that they always provide more benefits to employers than to employees. b. They do not provide any benefits to employers. c. They do not provide any benefits to employees. d. They were enacted to address primarily the issues of lost wages and medical expenses incurred in work-related injuries.

d. They were enacted to address primarily the issues of lost wages and medical expenses incurred in work-related injuries.

Liability for injury imposed regardless of fault is termed _____. a. strict liability b. negligence c. recklessness d. no-fault

d. no-fault

The Vocational Rehabilitation Act of 1973 applies to _____. a. private rehabilitation centers accommodating more than 50 patients b. all private companies with more than 100 or more employees c. nonprofit private organizations with more than 50 employees d. the government and any firm that does business with the government

d. the government and any firm that does business with the government

In the context of workplace discrimination, a private (civil) wrong against a person or her or his property is termed a(n) Blank______. a. violation b. administrative action c. criminal act d. tort

d. tort