Employment Law for Business

Employment Law for Business, 10th Edition SOLUTION
MANUAL by Dawn Bennett-Alexander

Identify a true statement about the Americans with Disabilities Act of 1990. -
ANSWER: It provides protection to employees with disabilities in activities such as
job application procedures and job training.

The Vocational Rehabilitation Act of 1973 applies to _____. - ANSWER: the
government and any firm that does business with the government

Section 503 of the Vocational Rehabilitation Act of 1973 requires that, where a
federal department or agency enters into a contract that exceeds _____ annually,
the contractor is required to take affirmative action to employ and promote qualified
disabled individuals. - ANSWER: $10,000

True or false: In the context of disability discrimination, the approach taken by the
Americans with Disabilities Act of 1992 is entirely different from the Vocational
Rehabilitation Act of 1973. - ANSWER: False

With regard to the Americans with Disabilities Act of 1992, whether a hostile work
environment exists depends upon _____. - ANSWER: the court circuit in which an
individual works

The _____ states that "no otherwise qualified individual with a disability in the
United States . . . shall, solely by reason of her or his disability, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance or under any program
or activity conducted by any Executive agency." - ANSWER: Vocational Rehabilitation
Act of 1973

In an effort to stem discrimination against disabled employees and applicants, in
1973, Congress enacted the _____. - ANSWER: Vocational Rehabilitation Act

Identify a provision of Section 503 of the Vocational Rehabilitation Act of 1973. -
ANSWER: It requires affirmative action on the part of federal contractors and
agencies to recruit, hire, and train disabled workers.

Which of the following is true about the Americans with Disabilities Act of 1992? -
ANSWER: It applies to all employers with at least 15 employees.

In the context of the Americans with Disabilities Act of 1992, identify the instances of
discrimination based on a hostile work environment. (Check all that apply.) -
ANSWER: Firing a disabled employee

, Refusing to hire a disabled employee

Demoting a disabled employee

Identify the true statements about trying a pattern-or-practice case of discrimination
against disabled employees. (Check all that apply.) - ANSWER: If an employment
policy is facially discriminatory, employees need to prove only that the policy was
illegal.

Stage one of the case requires the employees to prove that discrimination is a
regular policy or practice of the employer.

In addition to the fact that the Americans with Disabilities Act (ADA) applies to an
employer, which of the following things do an employee need to prove to be able to
claim disability discrimination? (Check all that apply.) - ANSWER: That he or she has
suffered an adverse employment decision such as a termination or demotion

That he or she is qualified for the position

That he or she is disabled

With regard to the Americans with Disabilities Act of 1992, whether a hostile work
environment exists depends upon ___ - ANSWER: the court circuit in which an
individual works

According to the amendments to the Americans with Disabilities Act (ADA), a
physical or mental impairment that substantially limits one or more major life
activities of an individual is termed a(n) _____. - ANSWER: disability

Pattern-or-practice cases of discrimination are tried in two stages. Identify a true
statement about the second stage. - ANSWER: Individual employees prove individual
harm using the finding of a policy as discriminatory from the first stage.

Identify the theories that must be proved by a claim of associational discrimination
under the Americans with Disabilities Act (ADA). (Check all that apply.) - ANSWER: An
employer fears that an employee has a genetic predisposition to develop a disability.

An employer assumes that the performance of an employee will be impaired
because of association with a person with a disability.

The _____ means that, generally, as long as an applicant or employee is otherwise
qualified for a position, with or without reasonable accommodation, an employer is
prohibited from making any adverse employment decision solely on the basis of the
disability. - ANSWER: Americans with Disabilities Act (ADA) and Rehabilitation Act
protection