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264. The Americans with Disabilities Act applies to employers with:
a. fifteen or more employees
b. twenty or more employees
c. twenty-five or more employees
d. fifty or more employees
e. all employers, regardless of the size of their workforce
265. The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who:
a. has a physical impairment which substantially limits a major life activity
b. has a mental impairment which substantially limits a major life activity
c. has a record of having a serious physical impairment
d. has a physical impairment which substantially limits a major life activity or has a record of having a serious
physical impairment
e. has a physical impairment which substantially limits a major life activity or has a record of having a serious
physical impairment or has a mental impairment which substantially limits a major life activity
266. The Rehabilitation Act and the Americans with Disability Act define a person with disability as one who:
a. has a physical impairment which substantially limits a major life activity
b. has a sincere belief that he suffers a significant disability
c. has a record of having a serious physical impairment
d. has a physical impairment which substantially limits a major life activity or has a record of having a serious
physical impairment
e. has a physical impairment which substantially limits a major life activity or has a record of having a serious
physical impairment or has a sincere belief that he suffers a significant disability
267. A person who has a physical or mental impairment which substantially limits one or more of such person's major
life activities is defined as by the Rehabilitation Act and the Americans with Disabilities Act.
a. a person with disabilities
b. a person with special needs
c. a person with unreasonable needs
d. a person with reasonable needs
e. a person with employment issues
268. A person who has a physical or mental impairment which substantially limits one or more of such person's major
life activities is defined as by the Rehabilitation Act and the Americans with Disabilities Act.
a. a person with employment issues
b. a person with special needs
c. a person with unreasonable needs
d. a person with reasonable needs
e. none of the other choices are correct
269. Which of the following is defined as a "major life activity" by the Department of Health and Human Services:
a. caring for one's self
b. performing manual tasks
c. walking
d. seeing
e. all of the other specific choices are major life activities
270. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services:
a. caring for one's self
b. speaking
c. walking
d. seeing
e. all of the other specific choices are major life activities
271. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services:
a. swimming
b. speaking
c. walking
d. seeing
e. all of the other specific choices are major life activities
272. Which of the following is NOT defined as a "major life activity" by the Department of Health and Human Services:
a. running a mile in under 6 minutes
b. speaking
c. walking
d. seeing
e. all of the other specific choices are major life activities
273. Which of the following is a condition not considered a disability under the ADA:
a. a history of alcohol abuse
b. sexual behavior disorders
c. someone cured of cancer
d. a history of drug abuse
e. all of the other choices are disabilities under the law
274. A person who has which of the following conditions is not protected under the Americans with Disabilities Act?
a. severe disfigurement
b. heart attack
c. a history of drug abuse
d. hearing impairment
e. all of the other choices are likely to be protected
275. Which of the following is NOT an example of a disability covered by the Rehabilitation Act and the Americans with
Disabilities Act:
a. a severe disfigurement
b. blindness
c. deafness
d. a history of heart attacks
e. all of the other specific choices are protected
276. Which of the following is an example of a disability covered by the Rehabilitation Act and the Americans with
Disabilities Act:
a. a severe disfigurement
b. blindness
c. deafness
d. a history of heart attacks
e. all of the other specific choices are protected
277. Suppose a newly hired utility repairman has a fear of heights that means he cannot climb ladders or telephone poles
to do repairs. This condition of his:
a. cannot be held against him, as he could be assigned to job duties that would not require climbing ladders
b. qualifies as a mental disability, so he is protected
c. does not qualify as a disability, so he could be fired
d. does not qualify as a disability under respondent superior liability, so he could be fired
e. none of the other choices
278. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is
deaf, and he sued for disability discrimination, the appeals court held that:
a. had no suit because government employers are not subject to the disability law
b. was disabled but incapable of doing the job, so had no cause of action
c. was disabled and the employer must find another position he is capable of performing
d. was not able to perform this job but is not disabled for other jobs, so is not covered by the ADA
e. none of the other choices
279. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is
deaf, and he sued for disability discrimination, the appeals court held that:
a. had no suit because being deaf is not a disability
b. was disabled but incapable of doing the job, so had no cause of action
c. was disabled and the County must find another position he is capable of performing
d. was disabled and the County did not properly consider his ability to perform
e. none of the other choices
280. In Keith v. County of Oakland, where the County refused to hire Keith as a swimming lifeguard because he is
deaf, and he sued for disability discrimination, the appeals court held that:
a. Keith suffered per se discrimination and would be hired and paid back wages
b. Keith's limitations made him eligible for some Country jobs, but not one involving lifesaving as drowning
persons often call for help
c. Keith presented evidence that he could communicate and perform
d. Keith failed to show that he could perform the job so even if he is disabled, the issue is moot
e. none of the other choices are correct
281. Under the Americans with Disabilities Act, a person who has a physical or mental impairment that does not
substantially limit major life activities but is treated by the covered entity as constituting such limitation:
a. is regarded as having a disability
b. has no claims regarding disabilities
c. can sue for intelligence discrimination
d. is not regarded as having a disability
e. can be paid less than other employees
282. Under the Americans with Disabilities Act, a person is "regarded as" having a disability if which of the following
conditions is true:
a. the person has a physical or mental impairment that does not substantially limit major life activities but is
treated by the covered entity as constituting such limitation
b. the person has a physical or mental impairment that substantially limits major life activities only as a result of
the attitudes of others toward such impairment
c. the person has no impairment but is treated by a covered entity as having a substantially limiting impairment
d. all of the other specific choices are correct
e. none of the other specific choices are correct
283. Reasonable accommodations that employers must provide under the ADA is defined as:
a. whatever is necessary to make the workplace accessible
b. up to, but not exceeding, the value of a potential employee
c. de minimis expense
d. substantial physical or mental assistance
e. none of the other choices
284. Under the Disabilities Act, employers are required to make reasonable accommodations. This could include:
a. providing a reader for a blind employee
b. providing wheelchair access to company facilities
c. modifying work schedules to accommodate disabled employees
d. redesigning work stations so they are usable by disabled persons
e. all of the other choices
285. Which of the following is NOT a reasonable accommodation required of employers under the Americans with
Disabilities Act:
a. making existing facilities accessible
b. job restructuring
c. providing readers to blind employees
d. modifying equipment
e. all of the other specific choices are reasonable accommodations
286. Which of the following is NOT a reasonable accommodation required of employers under the Americans with
Disabilities Act:
a. redesigning a factory at high cost
b. job restructuring
c. providing readers to blind employees
d. modifying equipment
e. all of the other specific choices are reasonable accommodations
287. Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities
Act:
a. making existing facilities accessible
b. job restructuring
c. providing readers to blind employees
d. modifying equipment
e. all of the other specific choices are reasonable accommodations
288. An employee who works at a grocery store for many years as a checkout clerk becomes unable to operate the cash
register because of pain in her fingers that has developed from pushing keys on the cash register for so long.
Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will:
a. have the suit dismissed as she is not disabled for other employment
b. be granted damages equal to the pay she would have collected had she remained at her position until
retirement
c. be granted whatever amount of damages the jury wishes to award
d. be granted another position in the store as soon as one become available; she must be given priority in hiring
e. be ordered reinstated into her previous job with an assistant to run the register (an accommodation)
289. An employee who works at a grocery store for many years as a checkout clerk becomes unable to operate the cash
register because of pain in her fingers that has developed from pushing keys on the cash register for so long.
Unqualified for any other job at the store, she is dismissed and sues for disability discrimination. Most likely she will:
a. be ordered reinstated into her previous job with an assistant to run the register (an accommodation)
b. be granted damages equal to the pay she would have collected had she remained at her position until
retirement
c. be granted whatever amount of damages the jury wishes to award
d. be granted another position in the store as soon as one become available; she must be given priority in hiring
e. none of the other choices
