Question

1. Which of the following might be an ineffective notice to an employer that reasonable accommodation is needed for a disabled employee?

	a casual remark by an employee, in the presence of their supervisor, of the existence of a disability
	a request for the employer to review the employee's medical records
	a letter from an employee's physician indicating that an accommodation is appropriate
	a request for accommodation from the employee

2. If an individual claims associational disability under the ADA, he or she must demonstrate one of the following, except:

	the employer believes that the disability will increase costs, for example in the health plan
	the employer fears that other employees may contract the disability
	the employer fears that the employee may contract the disability
	the employee will be distracted by the disability, and may need additional time off work to care for the individual impacted, etc.

3. Mona, who works as a waitress at Flop's Pancake House, is seven months pregnant. She is one of 28 employees at the restaurant. Recently, her doctor informed her that she will have a high-risk pregnancy and, therefore, prescribed bed rest. Mona, unable to work for the next few months, asks her employer for time off from work. Mona is:

	entitled to 12 weeks of unpaid job-protected leave under the Family and Medical Leave Act.
	entitled to 15 weeks of paid leave under the Family and Medical Leave Act.
	entitled to a pay raise to support her medical condition under the Americans with Disabilities Act.
	entitled to a new position exclusively created for her as a reasonable accommodation under the Americans with Disabilities Act.

4. Regina works as a stock clerk at The Store. She has been shortlisted to be promoted as a merchandise manager. During her promotion interview, she reveals to the interviewer that at some point in the next 10 months, she will need to undergo surgery to remove a tumor from her vertebrae and that even if the surgery is successful, her movement after the surgery could be severely limited. In her new job, however, Regina will have to frequently travel between the warehouse and the store and move around the store to ensure that the merchandise is displayed and placed properly. Which of the following holds true in this case?

	The Store may decline to promote Regina if it is reasonably certain that in the near future she will be unqualified to work as a merchandise manager.
	The Store may be required to promote Regina, even though she may be rendered unqualified in the near future, only if she agrees to defray the cost of any accommodation that may be necessary.
	Even though it appears that the surgery may result in Regina being not otherwise qualified for the new job, The Store may not decline to promote her to the new job if she is qualified at the time of the interview.
	The possibility of future disability is, under the Americans with Disabilities Act, equal to a present disability, regardless of the probability of a disability materializing.

Answer 1

1. Correct answer is

a casual remark by an employee, in the presence of their supervisor, of the existence of a disability

2.

Correct answer is

the employee will be distracted by the disability, and may need additional time off work to care for the individual impacted, etc.

3.

Correct answer is

entitled to 12 weeks of unpaid job-protected leave under the Family and Medical Leave Act.

4.

Correct answer is

Even though it appears that the surgery may result in Regina being not otherwise qualified for the new job, The Store may not decline to promote her to the new job if she is qualified at the time of the interview.