Employment Law - Disability discrimination
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.
$10,000
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.
Americans with Disabilities Act (ADA) and Rehabilitation Act protection.
Identify a true statement about a disability after the ADA (Americans with Disabilities Act) Amendments Act came into effect.
Courts have expanded the scope of what constitutes a disability.
The ____ has emphasized that the term "substantially limited" requires a lower degree of functional limitation than the standard previously applied by the courts.
Equal Employment Opportunity Commission
An Employer may not take an adverse employment action against a disabled employee based on the disability if the individual can perform the _____ of the position.
Essential functions
Harassment of an employee exists to such an extent that a reasonable employee would dread or rear going to work in a(n) _______ work environment.
Hostile
Identify the true statements about trying a pattern-or-practice case of discrimination against disabled employees.
If an employment policy is facially discriminatory, employees need to prove only that the policy was illegal. Stage one of the case requires the employees to prove that discrimination is a regular policy or practice of the employer.
Identify a true statement about tort liability of an employer.
If the employer reacts in a manner that causes the employee severe emotional distress by its outrageous conduct, the employer would be liable in tort.
Liability for injury imposed regardless of fault is termed _____ - ____.
No-fault
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.
Allergies, Drug Abuse, Obesity
T/F: 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
The physiological disorder or condition affecting one or more body systems that substantially limits one of life's major activities is termed a(n) _____________.
impairment
An adjustment to an individual's disability that does not place an undue burden or hardship on his or her employer is termed ______ ______.
reasonable accommodation
Identify the True statement about retaliation under the Americans with Disabilities Act (ADA) in the United States.
To establish a retaliation claim, an employee must have engaged in a protected activity, such as opposition to discrimination., The ADA forbids intimidation, interference, or coercion against the employee engaged in a protected activity.
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."
Vocational Rehabilitation Act of 1973, ¶ 504 § 794
______ _______ 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."
Genetic testing
The Vocational Rehabilitation Act of 1973 applies to _____.
The government and any firm that does business with the government
With reference to a claim of discrimination based on disability, identify the factors to be examined to determine undue hardship for an employer.
The nature and cost of the accommodation, The type of operation of the employer
T/F: Negligence is not a valid defense against workers' compensation claims in the case of a work-related injury.
False
T/F: 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
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.
ADA - Americans with Disabilities Act
According to the ADA (Americans with Disabilities Act) Amendments Act, identify a true statement about major life activities.
ADAA also extended the definition of major life activities to include bodily functions, such as immune system functions, reproductive functions, respiratory and circulatory functions, normal cell growth, and bladder and bowel functions
The Equal Employment Opportunity Commission (EEOC) considers a person intellectually disabled if that disability originated ___.
Before the age of 18
With reference to the Americans with Disabilities Act (ADA), identify the true statements about a request for an accommodation by a disabled employee.
The ADA avoids a formulaic approach in favor of an interactive discussion between the employer and the employee, The ADA does not require the employee to anticipate the possible information that his or her employer may need in order to provide a reasonable accommodation.
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 desires.
qualification standard
Identify the theories that must be proved by a claim of associational discrimination under the Americans with Disabilities Act (ADA).
1. The employer fears that the employee may contract the disability (such as a disease), or have a genetic predisposition to develop the disability; 2. The employer believes the association will impose increased costs (such as medical premiums); or 3. The employer assumes the employee's performance will be impaired because of association with a person with a disability (for example, by being distracted at work or having to take leave to care for the relative).
According to the ADA (American with Disabilities Act) Amendments Act of 2008, which of the following constitute disabilities? HIV - Human immunodeficiency virus
Depression, HIV-positive status
According to the amendments to the Americans with Disabilities Act (ADA), a physical or mental impairment that substantially limits one or more life activities of an individual is termed a(n).
Disability
Pattern-or-practice cases of discrimination are tried in two stages. Identify a true statement about the second stage.
Individual employees prove individual harm using the finding of a policy as discriminatory from the first stage.
With reference to workers' compensation and employer liabilities, identify the injures that are considered work-related injuries.
Injury due to insufficient safety gears at work, Injury due to collapse f outdated machinery
Identify the true statements about undue hardship with reference to accommodation of disabled employees.
It includes any accommodation that alters the operation of a business The size of the employer is a factor in determining undue hardship.
Identify the factors that help determine if an individual with disability based on a disease may be "otherwise qualified" for a position.
The nature of the risk (how the disease is transmitted). The duration of the risk (how long the carrier is infectious). The severity of the risk (potential harm to third parties). The probability that the disease will be transmitted and will cause varying degrees of harm.
Identify the factors that a plaintiff must establish to successfully assert a harassment claim under the American with Disabilities Act (ADA).
The plaintiff was subject to unwelcome harassment, The harassment was sufficiently severe or pervasive to alter a term, condition, or privilege of employment. The harassment was based on the plaintiff's disability.
With reference to the Equal Employment Opportunity Commission Guidance, identify a feature of a request for an accommodation by a disabled employee.
The request for reasonable accommodation may be in plain English.
T/F: 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
