Question : 41) Tyrone an African American freelance music composer. He has : 1346197

41) Tyrone is an African American freelance music composer. He has not held a regular job due to mental stress since his involvement, as a reservist, in the Persian Gulf War. He is seeking a jingle-writing position with an advertising firm. While Tyrone does read and write, he composes by ear. He cannot read music, he records his songs on a tape, and his wife transcribes the recorded music into sheet music. The central requirement of this job is that the composer be able to read music because the employee must work with client ideas and music ideas from other staff. Tyrone is not hired because he cannot read music. Has management made a decision that makes the firm legally liable for discrimination under the ADA?

A) Yes, because a major life function is impaired and that impairment prevented him from receiving the job.

B) No, because no major life activity is impaired. He cannot read music, but he can read.

C) Yes, because the company could have rewritten the job description to accommodate his disability.

D) No, because the requirement to read music is a secondary requirement of the job.

42) A company needs to hire a telephone customer service representative. The job is 100% telephone contact with customers and requires the ability to speak clearly and quickly due to high call volume. It also requires the ability to use a computer and to think and solve problems independently of supervision. Pauline, who is bright and experienced with computers, has a speech impediment that makes enunciation difficult and slow for her. She has an excellent track record for working unsupervised at previous jobs. Pauline is not hired due to the speech impediment. Has management made a decision that makes the firm legally liable for discrimination under the ADA?

A) Yes, because she has a major life activity impairment.

B) No, because the speech requirement is a marginal job duty.

C) Yes, because she is disqualified solely due to the impediment.

D) No, because the speech requirement is an essential task that cannot be accommodated.

43) Ralph is wheelchair-bound. After a construction injury, he attended vocational school and was trained to be a telemarketer. He has an interview for a telephone marketing position for which he is fully qualified. When he arrives, he realizes that the interview office is located on the third floor of a building without an elevator. He calls and explains his problem, but the interviewer refuses to change the appointment or location. Has management made a decision that makes the firm legally liable for discrimination under the ADA?

A) No, because Ralph cannot get to the job location.

B) Yes, because being wheelchair-bound disqualifies Ralph from the job.

C) No, because the employer didn’t know Ralph was disabled when scheduling the interview.

D) Yes, because the employer is required to accommodate Ralph for the employment interview.

44) Studies show that making reasonable accommodations for disabled applicants and employees:

A) bankrupts most small companies.

B) adds nearly 10% to product costs.

C) requires no money in 20% of all cases.

D) generally costs $5,000-$10,000 per employer.

45) ADA claims are primarily filed for:

A) visual impairments.

B) speech impediments.

C) emotional impairments.

D) drug and alcohol addiction.

46) The legislation that laid the foundation for the Americans with Disabilities Act was the:

A) Vocational Rehabilitation Act.

B) Civil Rights Act of 1964.

C) Age Discrimination in Employment Act.

D) Equal Pay Act.

47) The Vocational Rehabilitation Act of 1973 resembles Executive Order 11246 in what way?

A) They both require employers to make accommodations at any expense for disabled workers.

B) They both mandate that ideal behavior strategy be implemented in all decisions regarding employment and termination of employment.

C) They both require that covered organizations have an affirmative action plan to promote the employment of the respective protected groups.

D) They both are enforced by the Equal Employment Opportunity Commission (EEOC).

48) The Vietnam Era Veterans Readjustment Act:

A) prohibits federal contractors from discriminating against Vietnam-era veterans.

B) prohibits all employers from discriminating against Vietnam-era veterans.

C) added military service to the Civil Rights Act of 1964 as a criterion for protected classes.

D) instituted drug testing and opened the door for later drug testing of all employees.

49) Which of the following enforces EEO laws?

A) Judicial branch

B) Executive branch

C) U.S. Congress

D) State governments

50) Beau, an agent for the EEOC, has just received a complaint filed by Samar against Universal Pharmaceuticals Corp. What is Beau’s first step in processing the complaint?

A) To attempt to resolve the case through conciliation

B) To inform Universal Pharmaceuticals Corp. of the complaint

C) To begin an investigation of the complaint

D) To issue a right-to-sue letter to Samar