Test 3 Material Flashcards
Under the Americans with Disabilities Act (ADA), an individual is disabled:
A. if he or she has a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
B. only if he or she has a physical impairment that limits activities such as walking or standing.
C. if he or she has an impairment resulting from advanced age or exhibits personality traits such as a quick temper.
D. only if he or she has been completely bedridden for three or more years.
A
Ben, a critical care nurse at a private hospital, tests positive for HIV during one of the routine health checkups conducted for all hospital employees. Whenever an employee whose job requires him or her to have direct contact with patients tests positive for a blood-borne disease, the hospital shifts him or her to a desk job with no change in his salary. Ben refuses this arrangement. He requests that the hospital hire a part-time nurse to follow him on his shift and to keep a check on him. The hospital denies his request and fires Ben because of his unwillingness to move to the desk job. Which of the following holds true in this case?
A. Ben’s request can be lawfully denied as it represents an undue hardship on the hospital.
B. The hospital has a duty under the Americans with Disabilities Act to provide all of the accommodations Ben requests.
C. The hospital needs to consider Ben’s request as creating a new job is not an effective way to accommodate a disabled employee.
D. Ben’s request need not be heeded as HIV/AIDS is not a covered disability under the Americans with Disabilities Act.
A
In Huber v. Wal-Mart Stores Inc., the U.S. Court of Appeals for the Eighth Circuit stated that it would follow the:
A. Equal Employment Opportunity Commission enforcement guidance that a disabled employee who can no longer perform the essential functions of his or her position should be reassigned to a vacant position for which he or she is minimally qualified.
B. Equal Employment Opportunity Commission enforcement guidance that employers are required to provide any possible accommodation requested by employees with disabilities to ensure that they become qualified for a job.
C. Seventh Circuit’s approach that reassignment under the Americans with Disabilities Act does not require an employer to reassign a qualified disabled employee to a job for which there is a more qualified applicant, if the employer has a policy to hire the most qualified applicant.
D. Tenth Circuit’s approach that reassignment under the Americans with Disabilities Act results in automatically awarding a position to a disabled employee regardless of whether other better-qualified applicants are available and despite an employer’s policy to hire the best applicant.
C
In a disparate treatment case involving a disabled employee, one of the employer’s defenses is to establish that the employment action was taken as a result of the employee’s:
A. poor performance.
B. physical disability.
C. reluctance to request accommodation.
D.perceived disability.
A
The Americans with Disabilities Act (ADA) applies:
A. only to private employers.
B. solely to government employers.
C. to private employers with 15 or more employees.
D. to corporations with 4-14 employees.
C
Marla is a kindergarten assistant at Woodbridge Elementary School. Since Marla suffers from obesity, she is not able to use the chairs provided for teachers in the kindergarten rooms. Marla requests a different chair, but her employer refuses. Marla is protected under the Americans with Disabilities Act (ADA) only if:
A. her obesity is transitory.
B. her obesity is due to a physiological condition.
C. her type of obesity is not widely prevalent.
D. her type of obesity is temporary.
B
Which of the following acts prohibits health insurers and employers from discriminating against people for flaws or disease risks revealed by genetic testing?
A. The Genomics and Personalized Medicine Act
B. The Genetic Information Nondiscrimination Act
C.The Tax Relief and Health Care Act
D. The Stem Cell Research Enhancement Act
B
With regard to workplace accidents or injury, the failure to meet the appropriate standard of care for avoiding unreasonable risk of harm to others is known as _____.
A. negligence
B. nuisance
C. assault
D. battery
A
Luke works as a machine operator at Kay & Bay Industries. One day, while getting a machine started, Luke slips and falls from a ladder and breaks his elbow. Which of the following holds true in this case?
A. Luke will not be covered under workers’ compensation because such injuries and accidents are expected in his job.
B. Luke will not be covered under workers’ compensation because he is not a white-collar employee.
C. Luke will be covered under workers’ compensation if he is able to prove that his injury was due to a disability that he may have.
D. Luke will be covered under workers’ compensation if he is able to prove that his injury arose out of or in the course of his employment.
D
Which of the following statements is true of drug use and abuse under the Americans with Disabilities Act (ADA)?
A. Current drug users are protected by the act.
B. Individuals who either are participating in or have completed a drug rehabilitation program are protected by the ADA.
C. Former illicit drug users are not covered under the act.
D. Individuals who previously completed a drug rehabilitation program are not protected under the act.
B
