Mortuary Law Chapter 12

Question 1

Americans with Disabilities Act requires funeral homes as public accomodations to…

Answer 1

make their facilities accessible to disabled members of the public. They also impose detailed regulations on the treatment of employees and applicants for employment who have disabilities.

Question 2

Funeral homes that employ ___ or more employees fall under the coverage of the employment-related provisions of the ADA

Answer 2

15

Question 3

funeral homes with less than 15 employees are _____ from the ADA’s employment-related provisions.

Answer 3

exempt

Question 4

With part time and casual labor how do you determine the number of employees?

Answer 4

if a funeral home employs 15 or more employees for each working day in each of 20 or more calendar weeks in the current or the preceding calendar year, it will be covered by the employment provisions of the ADA.

Question 5

You must include what employees?

Answer 5

ALL employees, part time, casual etc.

Question 6

Purpose of the employment provisions of the ADA

Answer 6

to prohibit employers from discriminating against disabled individuals in a ll phases of the employment relationship-job application, testing procedures, hiring, advancement, discharge, compensation, and job training. Do not give employees with disabilities preference over others. No preferences. Merely prohibits employer from considering that the person is disabled.

Question 7

What are the requirements to be a “qualified individual with a disability” (protected under ADA)

Answer 7

must be able to perform the “essential functions” of the job with or without “reasonable accommodations” Employers are required to supply reasonable accommodations on the job to a disabled individual unless to do so would constitute “undue hardship”

Question 8

regulations on the employment provisions of the ADA are by

Answer 8

the EEOC-Equal employment opportunity commission

Question 9

disability

Answer 9

any physical or mental impairment that substantially limits one or more life activities, a record of having such an impairment, or being regarded as having such an impairment

Question 10

mental retardation;organic brain syndrome; emotional or mental illness; special learning disabilities; orthopaedic, visual, speech and hearing impairment; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; HIV infection; cancer; heart disease; diabetes; cosmetic disfigurement; anatomical loss; drug addiction; and alcoholism.

Answer 10

mental and physical impairments under the term “disability”

Question 11

Even though drug addiction and alcoholism are disabilities, are individuals currently taking illegal drugs or alcohol protected by the ADA?

Answer 11

No.

Question 12

Disabilitiy does not include

Answer 12

homosexuality, bisexuality, transvestism, exhibitionism, gender identity disorders, or other sexual behavior disorders, compulsive gambling, kleptomania or pyromania.

Question 13

what are the two steps to determine whether an individual is a “qualified individual with a disability?”

Answer 13

1. individual must have the prerequisites for the position to be filled, such as appropriate educational background, employment experience, skills, or licenses.2. determine whether or not the individual can perform the essential functions of the position with or without reasonable accomodation

Question 14

the two steps must be determined at the time of making the employment decision not..

Answer 14

based on speculation regarding the future employees inability to perform the job, the risk the employee may become disabled in the future, or the potential increase in health insurance cost which may result from the employee’s disability.

Question 15

in 2008 Congress issued the Americans With Disabilities Act Amendment Act (ADAAA) to

Answer 15

roll back restrictions that the supreme court had placed on the definition of a disability.

Question 16

While the ADAAA retained the definition of a disability as physical or mental impairment that substaintially limits a major life activity, the law made a number of changes. They are…

Answer 16

1. expanded the category of major life activities to include basic activities such as eating, bending, concentrating, thinking, and communicating.2. added major bodily functions such as cell growth, digestion, and neurological, respiratory and circulatory functions. 3. restricted employers from considering the use of mitigating factors when determining whether an impairment with medical equipment such as hearing aids, prosthesis, mobility devices, or medications, that does not eliminate that impairment from being regarded as a disability.

Question 17

how the EEOC determines what the essential functions are:

Answer 17

will look at the first instance to the employer’s judgement as to what functions of a particular job are essential. -in order for employer’s list of essential functions to be considered evidence, the list must be written prior to the advertising of the job opening or the interviewing of job applicants

Question 18

essential functions of a job are job duties that are fundamental and not marginal. Factors to be considered are:

Answer 18

-the importance of the function to the overall job-whether there are other employees who can perform the function in question-whether there are other employees who can perform the function in question-what is the relative amount of time that an employee holding the position would spend performing the particular function?-what are the consequences of having other employees perform the function or of not having the function performed at all?-do current holders of the job perform the function and, if so, how much time do they spend performing the function?

Question 19

the list of essential functions must be provided in a written list to the applicant at the interview and the applicant must be asked whether he or she can perform those functions with or without reasonable accomodation.

Answer 19

it is the responsibility of the job applicant or the disabled employee to inform the employer that an accommodation is needed.once this is done, the employer/employee must meet to determine:-what are the precise job-related limitations imposed by the applicant/employee’s disability and how can these limitations be overcome-what potential accommodations are available and what will be their effectiveness in enabling the individual to perform the essential functions of the job-what are the individuals accommodation preferences?

Question 20

examples of types of accommodations

Answer 20

installing ramps, modifying work areas and restrooms so they are accessible; job restructuring; modified work schedules; reassignment to vacant positions; permitting the use of accrued paid leave or providing additional upaid leave for necessary treatment; providing reserved parking spaces; and acquiring or modifying equipment or devices such as page turners, lifting devices, telephone handset amplifiers, telecommunication devices for deaf persons, and raised or lowered furniture.

Question 21

employers should note that a reasonable accommodation need not be the best accommodation possible…

Answer 21

but must sufficiently meet the job-related needs of the individual

Question 22

the failure to provide reasonable accommodations may be justified where the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business.

Answer 22

for an accommodation to consititute an undue hardship it must require more than a “de minimis” expense or inconvenience. (case by case basis)

Question 23

11 factors determining an undue hardship exists:

Answer 23

-nature and cost of the accommodation required-the overall financial resources of the facility involved in the provision of the reasonable accommodation-the number of the persons employed at the facility-the effect of the reasonable accommodation on the expenses and resources-the impact of the accommodation on the operation of the facility-the overall resources of the employer-the overall size of the employer’s business with respect to the number of employees-the number, type and location of its facilities-the type of operation of the employer, including the composition, structure and function of its workforce-the geographic separateness of the facility-the administrative or fiscal relationship of the facility to the employer

Question 24

undue hardship takes into account not only financial difficulties but

Answer 24

any substantial or disruptive interference

Question 25

Title VII of the Civil Rights Act of 1964 prohibits discriminatory practices in employment based

Answer 25

on race, color, religion, sex, or national origin

Question 26

Title VII was amended in 1978 by the

Answer 26

pregnancy discrimination act which makes it unlawful for an employer to discriminate against a pregnant woman in employment decisions.

Question 27

Age Discrimination in Employment Act

Answer 27

prohibits an employer from refusing to hire, discharging, denying employment, or making an employment decision on the basis of an individuals age. ADEA provides protection for those 40 years old and older.

Question 28

Civil Rights Act, including the pregnancy discrimination Act applies to all employers having 15 or more employees.

Answer 28

Age discrimination Employment Act is restricted to employers with 20 or more employees. (same test to see how many employees as the employment section of ADA)

Question 29

Although funeral homes with less than 15 employees are exempt from the civil rights act, _____ states have enacted laws which are similar or even go beyond the civil rights act in protecting employees.

Answer 29

45 states

Question 30

Trio of Civil RIghts laws generally prohibit an employer from basing employment-related decisions on

Answer 30

race, color, religion, sex, national origin, pregnancy or age.

Question 31

Prior to 1991, if an employer could show that, although an impermissible factor had entered into an employment decision, the same decision would have been made based on other permissible factors, then no violation of the civil rights act occured.

Answer 31

HOWEVER, with the amendment of the Civil Rights Act in 1991, if there is any showing that a discriminatory motive entered into the decision, a violation of the Civil Rights Act has taken place.

Question 32

employers should

Answer 32

document all employment related decisions so that there is a written record of why and how the decision was made.

Question 33

Title VII of the Civil Rights Act was enforced by the Equal Employment Opportunity Commission

Answer 33

EEOC carries out its mission through a two step process-mediation and enforcement.

Question 34

if an employee feels they are victims of discrimination, they must file a claim with the EEOC before

Answer 34

proceeding to court

Question 35

charge must be filed within ___ months of the alleged discriminatory practice. EEOC then alerts the employer of the charge and will begin the broad investigation. Within 120 days after the charge is filed with the EEOC, the investigator will make a determination of “cause” or “no cause”

Answer 35

6 months

Question 36

no cause

Answer 36

EEOC charge is dismissed. The complainant then receives a Right to Sue letter which allows the complainant 90 days to file a private action in federal court.

Question 37

EEOC requires all employers to maintain for at least six months after any personnel action all records retaining to such action such as

Answer 37

employment application forms, hiring records, demotions, promotions, transfers, layoffs, and termination records, pay rates, training and apprentice selection records. recommended to keep all records for 3 years.