Employment Law Exam 2 Study Guide || Questions and
100% Accurate Answers.
Back Pay correct answers The court may award back pay to a successful plaintiff
Front Pay correct answers Monetary damages awarded to a plaintiff instead of reinstatement or
hiring
compensatory and punitive damages correct answers If the plaintiff can demonstrate that a
private sector defendant has engaged in a discriminatory practice with malice or reckless
indifference to the federally protected rights of an individual, the plaintiff can recover
compensatory and punitive damages, subject to statutory caps [see p. 244]
Employer Liability for Punitive Damages Under Title VII correct answers Punitive damages may
be recovered if there is an intentional discrimination with malice or reckless indifference to the
federally protected rights of an individual
Remedial Seniority correct answers Victims of discrimination must be placed in the position they
would have been in had no illegal discrimination occurred
Legal Fees correct answers The court may award reasonable attorney's fees under Title VII
Definition of Disability correct answers -A physical or mental impairment that substantially
limits one or more of the major life activities of such individual
-A record of such an impairment; or
-Being regarded as having such an impairment
Qualified Individual with a Disability correct answers The ADA, the term "discriminate" is
defined as including "not making reasonable accommodations to the known physical or mental
limitations of an otherwise qualified individual with a disability who is an applicant or employee,
unless such covered entity can demonstrate that the accommodation would impose an undue
hardship on the operation of the business of such covered entity."
The ADA Amendments Act of 2008 correct answers Individuals can establish that they are
"regarded as having such an impairment" if they show that they have been subjected to
discriminatory treatment because of an actual or perceived physical or mental impairment,
whether or not the impairment limits or is perceived to limit a major life activity
Essential Functions correct answers Essential functions are basic job duties that employee must
be able to perform, with or without reasonable accommodation, considering:
-whether the reason the position exists is to perform that function,
-the number of other employees available to perform the function or among whom the
performance of the function can be distributed
-the degree of expertise or skill required to perform the function.
,Possible Reasonable Accommodations include: correct answers -Restructuring jobs/ changing
job duties
-Changing work schedules
-Modifying or relocating the work area
-Providing mechanical or electrical aids
-Providing readers or interpreters
-Providing leave for medical care
Reasonable Accommodation** correct answers The definition of a "qualified individual with a
disability" includes the individual who is capable of performing the essential functions of a job
with or without reasonable accommodation on the part of the employer
The ADA imposes on employers the obligation to make reasonable accommodations for such
individuals or employees, unless the accommodation would impose undue hardship on the
employer
Failure to make such reasonable accommodation or failure to hire an individual because of the
need to make accommodation for that individual, is included in the definition of illegal
discrimination
The "Interactive Process" ** correct answers Once an employer becomes aware of the need for
accommodation, that employer has a mandatory obligation under the ADA to engage in an
interactive process with the employee to identify and implement appropriate reasonable
accommodations.
The interactive process requires communication and good-faith exploration of possible
accommodations between employers and individual employees, and neither side can delay or
obstruct the process.
Employers, who fail to engage in the interactive process in good faith, face liability for the
remedies imposed by the statute if a reasonable accommodation would have been possible.
Basic Approach to Disability Accommodation correct answers -As a general rule, it is the
responsibility of employee to request a reasonable accommodation
-Employer should be cautious about unsolicited offers of accommodation
-Address performance issues, wait for employee re raise issue of disability of possible
accommodation.
Humphrey v. Memorial Hospitals Association correct answers Women always came late because
she had OCD.
The decision was that she was a qualified person with disability.
Individuals Not Protected by ADA correct answers An employer is not required to hire a person
with a disability who is not capable of performing the duties of the job, with an accommodation
Who are the types of people that are not protected by the ADA? correct answers 1) Impairments
that are not transitory
2) Homosexuality, bisexuality, or sexual behavior disorders
3) Compulsive gambling, kleptomania, and pyromania
, Jacobs v. N.C. Administrative Office of the Courts correct answers Under the expanded
definition of "disability" created by the ADAAA, is Jacobs a covered person with a qualifying
disability?
"A person need not live as a hermit in order to be 'substantially limited' in interacting with others.
Undue Hardship correct answers Defined as significant difficulty or expense
Undue Hardship (Factors to consider) correct answers -The nature and cost of the
accommodation needed;
-Possible outside funding sources;
-the overall financial resources of the facility making the reasonable accommodation; the number
of persons employed at this facility; the effect on expenses and resources of the facility;
-the overall financial resources, size, number of employees, and type and location of facilities of
the employer (if the facility involved in the reasonable accommodation is part of a larger
entity); . . .
-the type of operation of the employer, including the structure and functions of the workforce,
the geographic separateness, and the administrative or fiscal relationship of the facility involved
in making the accommodation to the employer;
-the impact of the accommodation on the operation of the facility
Medical Inquiries and Examinations correct answers The ADA limits the ability of an employer
to inquire into the disabilities of job applicants and employees
-Employers are prohibited from asking about the existence, nature, or severity of a disability
-An employer may ask about the individual's ability to perform the functions and requirements of
the job
The Civil Rights Act was aimed at discrimination in a number of areas of society: correct
answers -Housing
-Public accommodation
-Education
-Employment
Title VII of the Civil Rights Act deals with discrimination in employment correct answers It
became the foundation of modern federal equal employment opportunity (EEO) law
Title VII of the Civil Rights Act of 1964 correct answers is legislation that outlawed
discrimination in terms and conditions of employment based on race, color, sex, religion, or
national origin
Coverage of Title VII correct answers -Prohibits the refusal or failure to hire any individual, the
discharge of any individual, or the discrimination against any individual with respect to
compensation, terms, conditions, or privileges of employment because of that individual's race,
color, religion, sex, or national origin.
-Title VII, as amended, applies to employers, labor unions, and employment agencies.
