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Download Employment Law for Human Resource Practice 5th Edition Walsh Test Bank online ebook textbook full chapter pdf
Download Employment Law for Human Resource Practice 5th Edition Walsh Test Bank online ebook textbook full chapter pdf
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Chapter 10
REASONABLY ACCOMMODATING
DISABILITY AND RELIGION
Test Bank Questions, 5e
2. Which of the following is necessary to establish the existence of a disability under the
ADA?
a. having a physical basis for one’s impairment
b. being diagnosed with an impairment that is included on the ADA’s list of
recognized disabilities
c. receiving regular medical treatment for one’s condition
d. all of the above
e. none of the above
Answer: E
4. The basic criteria for identifying the essential functions of a position are:
a. the position exists to perform this function
b. no other employees are available to perform this function
c. the function is highly specialized
d. all of these are correct
e. all but b are correct
Answer: E
11. In order to conclude that a proposed accommodation of disability would impose undue
hardship on an employer, it must be shown that:
a. the proposed accommodation would not be a reasonable one
b. the cost of the accommodation exceeds the benefits it would produce
c. the cost exceeds the general $2000 threshold specified in the ADA
d. a and c
e. none of the above
Answer: E
13. As the new Human Resources Manager for Artists’ Tools main office, you are still
getting to know your employees. One in particular has come to your attention, because
she always seems to be in a state of either euphoria or sleepiness. Co-workers report to
you that they have found her in the ladies room sniffing a white powder, and you
conclude that she is probably using cocaine. After considering the matter, you decide that
your best course of action would be:
a. to confront the employee privately about this behavior, and unless she can explain
it and produce a prescription, fire her for illegal drug use
b. to confer with the employee, since she probably has a drug addiction, which is a
disability under the Americans with Disabilities Act; you must decide whether
you can make a reasonable accommodation
c. to refer the employee to a drug rehab center for her drug addiction;
d. none of the above
Answer: A
17. You’ve been attending the same Presbyterian Church for the last 11 years, and the Pastor
has asked you to serve as Church Secretary and manage the office. One of your tasks will
be to put together the bulletin for services each Sunday, but you’d also like to create a
website for the church. When you tell the Pastor, he thinks it’s a wonderful idea, and sets
aside some money to pay for the creation of the church’s website. After a diligent search
for qualified candidates, you’ve come up with two. The only trouble is that the best
candidate is not Presbyterian, but Anglican. Can you hire her?
a. no; because this is a Presbyterian Church, you must hire a Presbyterian
b. yes; Title VII contains an exemption for religious bodies who hire for secular
positions
c. yes; Title VII is not relevant. Although most churches prefer to hire members of
their own flock even for secular positions, there is no requirement to do so.
d. none of these
Answer: C
18. A clerical employee who has a special gift for languages is also disabled, and in a
wheelchair. You have previously made his work area accessible, but he is now asking for
a special accommodation - that you create a position for him in which he can use his
language skills in translations, and not in clerical work. Which of the following
statements is true?
a. The request is a reasonable one, and you should try to accommodate it
b. The request is not a reasonable one, so you don’t have to accommodate it
c. There is no requirement under the ADA that an employer create a position for an
employee who is disabled
d. None of these is correct
Answer: C
19. Regarding an employer's obligation to accommodate disability and religion, it can be said
that:
a. the obligation to accommodate in these areas is consistent with the employer's
obligation to accommodate in other areas of the employment relationship
b. the obligation to accommodate in the areas of disability and religion is unique to
those areas of the employment relationship
c. the obligation to accommodate is voluntary, except for federal employers
d. b and c only
20. As the Assistant Human Resources Manager, you have access to the employment files of
all of the employees, including management. You have inadvertently learned that the
Vice President of Sales has tested positive for the HIV virus. You know that he is
married, but doubt that he’s told his wife. What should you do?
a. call his wife, and tell her that you regret you must give her some bad news; then,
simply tell her
b. call his wife, but ask to come and see her in person; this is not the sort of news
that one should deliver by telephone
c. talk to the Human Resources Manager, and ask her advice
d. nothing
Answer: D
ESSAY QUESTIONS
Answer: Title VII – Having such policies will help prevent conflicts between religious
practices and employment requirements, resulting in fewer situations requiring
accommodation. Constitution – public employers have a constitutional responsibility
under the establishment clause to not support or sponsor particular religions.
Answer: Title VII – This approach permits the expression of religious beliefs, while
allowing employees who find such communications unwelcome and offensive to not be
subject to religious harassment.
2. The ADA creates a protected class called “qualified individuals with disabilities”.
Discuss what this phrase means and how one qualifies for protection.
1. Answer: Many people with disabilities are able to productively work and the
ADA protects these individuals from being discriminated against. First, the
individual must be disabled. This means that (1) they have a physical or mental
impairment that substantially limits one or more major life functions; or (2) they
have a record of impairment; or (3) they are regarded as having an impairment.
After establishing that the individual is disabled, to be “qualified” requires that
they show that they are able to perform the essential functions of the job. They
are qualified even if they are unable to perform all of the job functions as long as
the essential function can be properly accomplished. This may or may not entail
the providing of accommodation on the part of the employer. If an
accommodation is required, the accommodation must be a reasonable one and
cannot cause the employer undue hardship. Finally, a person must show that they
are not a direct danger to themselves or to others to be deemed qualified.
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