Employment Law – WGU C233 TOPIC 7, Questions with accurate answers, Approved.

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Employment Law – WGU C233 TOPIC 7, Questions with accurate answers, Approved. What is the name of the movement which has worked to take disabled persons out of isolation and institutions and ... place them squarely in the mainstream community of school and employment? Independent living movement Across the United States there has been a(n) _________ in workplace disability discrimination claims. Increase In recent years there has been almost a 17% increase in disability discrimination claims. According to the U.S. Census Bureau, the largest claim for disability comes from: Difficulty walking or climbing stairs Over 30 million Americans have a difficult time walking or climbing stairs. Disabled persons have a higher employment rate than non-disabled persons. False Only 41 percent of disabled persons between the ages of 21 and 64 were working at a job, while 79 percent of non-disabled persons were working. Part of the increase in disability discrimination complaints to the EEOC is caused by: The slowness of employers to modify negative stereotypical thinking about disabled employees The Rehabilitation Act of 1973 expanded previous federal responsibilities for research and training programs with respect to disabled persons. True True: The Rehabilitation Act of 1973 governs the authorization of grants to states for vocational rehabilitation services to those with severe disabilities, and it expanded previous federal responsibilities for research and training programs with respect to disabled persons. The Rehabilitation act of 1973 defines an “individual with a disability” as: A person who has a physical impairment A person with a mental impairment which substantially limits one or more of his or her major life activities A disabled person with a record of such impairment and/or perceived as having such an impairment. Only federal contractors doing over $50,000 in business have to take affirmative action to hire qualified disabled persons. False False: Federal government and federal contractors doing over $10,000 in business have to take affirmative action to hire qualified disabled persons. The Rehabilitation Act requires all employers to make reasonable accommodations for employees unless the accommodation would cause: Undue hardship The text clarifies that an employer would not need to make an accommodation if it would require "an undue hardship based upon business needs and cost." In School Board of Nassau v. Arline, a school board fired a school teacher who had recently recovered from a documented third bout of tuberculosis for fear that the disease would return and pose a risk to school children. Which of the following statements is true? The courts held that the teacher was protected under The Rehabilitation Act of 1973 because allowing discrimination based on the contagious effects of a physical impairment would be inconsistent with the basic purpose of the Act The ADA adopted the Rehabilitation Act's definition of a disability as: A physical or mental impairment that substantially limits one or more major life activities A record of such impairment Being perceived as having such an impairment EMPLOYER DISABILITY ACCOMMODATION PROTOCOL Step 1 - EMPLOYEE REQUEST FOR, OR EMPLOYER IDENTIFICATION OF, NEED FOR ACCOMMODATION Step 2 - IDENTIFICATION OF BARRIERS TO PERFORMANCE OF ESSENTIAL JOB FUNCTIONS Step 3 - COLLABORATIVE IDENTIFICATION OF POSSIBLE ACCOMMODATIONS TO OVERCOME BARRIERS Step 4 - ASSESSMENT OF THE REASONABLENESS OF NECESSARY ACCOMMODATION Step 5 - IMPLEMENTATION OF THE ACCOMMODATION Step 6 - CONTINUOUS EVALUATION AND ASSESSMENT OF THE ACCOMMODATION Under the Americans with Disabilities Act, it is illegal for a company with ____ or more employees to discriminate in employment against qualified persons with disabilities. 15 From the text, "Under the ADA, it became illegal for any firm with 25 (now 15) or more employees to discriminate in employment against a qualified person with a disability." The effect of the Americans with Disabilities Act was to standardize and nationalize employment protections for the qualified disabled employee in the _________ sector. Both public and private From the text, "The effect of the ADA was to standardize and nationalize employment protections for the qualified disabled employee in both the public and private sector and to back up those protections with the enforcement power of the EEOC." The ADA required employers to take affirmative steps to provide ________ for qualified disabled workers, absent undue hardship. Reasonable accommodations From the text, "like the Rehabilitation Act, the ADA required employers take affirmative steps to provide reasonable accommodation for qualified disabled workers, absent undue hardship." Which of the following is considered a “major life activity” by the EEOC and the Supreme Court’s definition? walking, seeing, hearing, speaking, breathing, working, learning, thinking, standing, lifting, caring for oneself, interacting with others, and sexual reproduction If the disabled person’s condition constitutes a direct threat to the safety of others at work, he or she is considered not qualified for the job. True Employers are free to lawfully discriminate against an employee whose medical condition poses a threat to others. However, a reasonable accommodation must still be sought. What factors drove Congress to pass the ADA Amendments Act? Response to several United States Supreme Court cases that narrowly construed the definition of disability The EEOC expanded its guideline’s definition of impairment to include: “[a]ny physiological disorder or condition affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine, or any mental or psychological disorder.” The ADAAA requires that the determination of whether an employee has a disability be ___________ and _____________. Particularly simple and straightforward : not require extensive analysis How many life activities must an impairment limit to be considered a disability? At least one Disabilities that are covered by the ADAAA are: Permanent or temporary An employer may discriminate in employment on qualifications. True True: Consequently, a disabled person must be qualified to carry out the essential functions of the job, before the protections of the ADA may be invoked. Determining what constitutes the ________, and not _______, functions of the job is an important task for an employer to undertake for both practical and risk management considerations. Essential : marginal What is the ADA’s definition of an essential function? The fundamental duties of the employment position the individual with a disability holds or desires The calculation of whether a task is essential to a job is relative to: The firm and the job From a risk management point of view, an employer should be able to defend an interpretation of: Essential job functions The EEOC reports that the majority of accommodations made by employers are: Nominal From the text, "The EEOC reports that 30 percent of accommodations cost nothing, while almost 20 percent cost the employer under $50, and 50 percent involve expenses of $500 or less. Even for the smallest employer, these expenses are nominal." Employers have wide latitude in disregarding usual company policy in favor of the disabled employee without running afoul of other anti-discrimination statutes, but generally may not make exceptions to: Seniority rules or collective bargaining agreements The law prohibits the employer from making ________ decisions about what job functions a disabled employee may not be able to undertake. Unilateral Unilateral, meaning individual or one-sided Which group has the duty to seek accommodations if needed? [Show More]

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