Author: Anonymous

Bob, a critical care nurse at a private hospital, tests positive for HIV during one of the routine health checkups conducted for all hospital employees. Whenever an employee whose job requires him or her to have direct contact with patients tests positive for a blood-borne disease, the hospital shifts him or her to a desk job with no change in his salary. Bob refuses this arrangement. He requests that the hospital hire a part-time nurse to follow him on his shift and to keep a check on him. The hospital denies his request and fires Bob because of his unwillingness to move to the desk job. Which of the following holds true in this case?

When establishing a prima facie case to proceed with a claim of religious discrimination, an employee need not establish that he has informed an employer of the conflict.

In order to establish that a requested accommodation constitutes an undue hardship under the Americans with Disabilities Act (ADA), it must be shown that the accommodation will impose a significant obligation on the part of the employer.

The requirement of reasonable accommodation means that the employer must modify a full-time position to create a part-time position for the disabled employee if he or she is unable to perform the essential functions of his or her current full-time position with or without reasonable accommodations.

A defined contribution plan is a retirement plan where:

A charging party has 120 days after he or she receives a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC) to sue his or her employer in federal court.

The Plano Presbyterian Hospital chain has informed all employees that due to the health risks of smoking and the high cost of health insurance premiums, it will prohibit off-duty use of tobacco by employees beginning one year from the date of the announcement. Smoking cessation programs will be made available to those who need them. Plano Presby will:

Legal problems are likely to arise when temporary workers are kept on for a long time and do the same work as employees. These “temporary workers” may challenge their exclusion from employment benefits.

An employee’s religion usually qualifies as a religion according to Title VII (of the Civil Rights Act of 1964) if the claimant’s beliefs are sincerely held.

An employer who raises the same-actor defense asserts that when a worker protected by the Age Discrimination in Employment Act (ADEA) is hired and fired by the same person, there is a permissible inference that an employee’s age was not a motivating factor in the decision to terminate.