Chapter 7 Flashcards

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1
Q

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

True or False

A

False

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2
Q

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 In 1973, the city of Chicago repealed a law created in the 1880’s that forbade disabled people who were diseased, maimed, or unsightly from:

Appearing in public
Being employed
Voting
Marrying non-disabled persons

A

Appearing in Public

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3
Q

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

A

Employment Discrimination

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4
Q

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

A

All of the Above

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5
Q

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
Bookmark question for later

A

All of the Above

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6
Q

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 or False

A

True

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7
Q

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

A

Being able to pass the national impairment proof test

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8
Q

Under the ADA , if an employer is considering two qualified applicants for a job, one disabled and the other not, then:

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 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.

A

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.

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9
Q

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.

Undue hardship : disability discrimination
Disability : handicapped
Impairment : major life activity
Reasonable accommodation : discrimination

A

Impairment: major life activity

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10
Q

A qualified individual is one who:

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

A

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

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11
Q

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 individual meets the definition of disability
The individual truly needs employment
The employer has a history of discrimination
The employer needs to comply with ADA standards

A

The employer needs to comply with ADA standards

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12
Q

Which of the following options is not considered to be a disability?

Gender Identity
Diabetes
HIV
Cancer

A

Gender Identity

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13
Q

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

A and B

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14
Q

Which of the following is not evidence of a task being essential?

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

A

High salary expectations for a specific task to be completed

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15
Q

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.

Marginal and tertiary
Essential and marginal
Essential and nominal
Marginal and economical

A

Essential and Marginal

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16
Q

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:

Social equality
Disability discrimination
Job specification
Reasonable accommodation

A

Reasonable Accommodation

17
Q

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 determines which accommodation is reasonable and effective
The employee asks for an accommodation
A listing of possible accommodations is examined

A

The employee determines which accommodation is reasonable and effective

18
Q

Which of the following is not a reasonable accommodation?

Creating privacy barriers
Exceptions to seniority rules
Providing large print documents
Ramps

A

Exception to seniority rules

19
Q

What did Congress intend employers to do before claiming undue hardship?

Shoulder all the weight of providing accommodations
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

A

Seek external government funding