What are the required elements to prove an ADA claim? (Check all that apply.)Multiple select question.The plaintiff had been successful working at other companies.The plaintiff had a disability.The plaintiff was excluded from the job solely because of his or her disability.The plaintiff was otherwise qualified for the job.
Question
What are the required elements to prove an ADA claim? (Check all that apply.)Multiple select question.The plaintiff had been successful working at other companies.The plaintiff had a disability.The plaintiff was excluded from the job solely because of his or her disability.The plaintiff was otherwise qualified for the job.
Solution
To prove an ADA (Americans with Disabilities Act) claim, the following elements are required:
-
The plaintiff had a disability: This is a fundamental requirement. The plaintiff must have a physical or mental impairment that substantially limits one or more major life activities.
-
The plaintiff was otherwise qualified for the job: The plaintiff must be able to perform the essential functions of the job, with or without reasonable accommodation.
-
The plaintiff was excluded from the job solely because of his or her disability: It must be proven that the plaintiff was not hired, was fired, or was discriminated against in some other way solely because of their disability.
The statement "The plaintiff had been successful working at other companies" is not a necessary element to prove an ADA claim.
Similar Questions
To prove a discrimination case under the ADA, the plaintiff must prove she meets which of the following elements? (Check all that apply.)Multiple select question.Was excluded from the job solely because of the disabilityWas excluded from the job solely because of genderWas otherwise qualified for the jobMet the basic requirements but not the preferences for the roleHad a disability
A successful plaintiff in an ADA case might receive which of the following remedies? (Check all that apply.)Multiple select question.Back payTreble damagesPunitive damagesReinstatement
Select all that applyThe ADA of 2008 adds new disabilities such as ______ to ADA coverage.Multiple select question.migrainescancerheart diseaseepilepsy
Employers must make accommodations for employees with disabilities under the ADA.
1.Question 1What does the Americans with Disabilities Act (ADA) require employers to do?1 pointExclude employees with disabilities from workplace policiesReserve specific roles for employees with disabilitiesAccommodate employees with disabilities by making reasonable accommodations in the workplace Consider fewer employees with disabilities for open roles2.Question 2An employer treats an employee unfairly based on their sexual orientation. What occurs in this case? 1 pointDisparate treatment Equal treatmentMerit-based treatment Favoritism3.Question 3How does an availability analysis enable HR teams to determine if discrimination occurs in the workplace? 1 pointAvailability analyses assess the number of promotions based on employee performanceAvailability analyses examine how many individuals from protected classes qualify, have the necessary skills, and live in the areas to qualify for employment Availability analyses examine the health and wellness of employees from protected classes in a given organization Availability analyses assess attendance records of protected classes against the rest of the workforce to determine eligibility for promotion 4.Question 4What risks might an organization experience due to a lack of diversity? 1 pointThe organization may face reputational damage due to the perception it is closed-mindedPerceived differences may lead to discomfort, and the majority excluding underrepresented groupsInnovation and creativity may suffer as diverse perspectives and ideas must be adequately representedEmployees may experience reduced job satisfaction and engagement, decreasing productivity 5.Question 5An organization commits to affirmative action initiatives to promote diversity and inclusion in the workplace. Which of the following initiatives may help them achieve their goal? 1 pointProvide training and development opportunities to all employees Actively recruit individuals from underrepresented groupsCreate separate departments for employees from underrepresented groupsImplement a quota system for hiring employees 6.Question 6Which of the following is an example of affirmative action steps? 1 pointCommunicating open roles to underrepresented groupsOffering preferential treatment based on an individual's gender or religious beliefsPromoting individuals solely based on their protected class statusSetting hiring quotas based on race or ethnicity7.Question 7What license grants the inventor the exclusive right to use or sell an invention for a set amount of time?1 pointTrademarkCopyright Public domain Patent 8.Question 8What activities does the Taft-Hartley Act define as unfair labor practices? 1 pointEmployees striking for better working conditionsEmployers sharing information about unions with employeesUnions asking employers to promote unionizing Unions forcing employees to join a union 9.Question 9What are the four main types of unions? 1 pointLocal, national, independent, and internationalTrade, independent, local, and international Professional, craft, trade, and industrialLocal, national, federation, and international10.Question 10What is the role of the Fair Labor Standards Act (FLSA)?1 pointIt regulates workplace safety standards and proceduresIt manages employee healthcare benefits and requires all employers to offer medical subsidiesIt sets basic minimum wage and overtime pay standards for nonexempt employees and regulates the employment of minors It outlines the rules regarding equal pay for all employees regardless of job responsibilities
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.