7. Missy has a substantial stutter that she has had since she was a small girl. It is the result of a disease she had as a child and it will be with her the rest of her life. Her coworkers tease her mercilessly at work because of her stutter. Bravely, she ignores them and does an excellent job of filling orders. It doesnt interfere with her doing her job because she tunes it out but it does upset her greatly. She goes home at night and cries because they just wont stop. The last time she reported them to the manager, she got transferred to the back room because her manager thought shed do better away from them. Missy hates working in the back room and doesnt know why she should have to when she herself hasnt done anything wrong. Does Missy have an ADA claim?

a. Yes; hostile work environment harassment and retaliation

b. Yes; disability harassment and constructive discharge

c. Yes; disability disparate impact and harassment

d. Yes; disability disparate treatment for failure to accommodate

e. No, she doesnt

8. See the facts about Missy in the previous question. Missy gets a new supervisor who is not very comfortable with Missy because of her stutter. The supervisor transfers Missy to Head Packer in the packing department and calls it a promotion because it has a higher level of pay. Scott, the previous Head Packer, used to keep track of orders by yelling out to each packer, then recording their responses on a white board. Obviously, Missy doesnt want to do this. Does Missy have to do the job the exact same way that Scott did it to be performing the essential functions of the job?

a. Yes

b. No

9. When we look at the essential functions of the job in terms of the ADA, what provides evidence as to whether something is an essential function of the job?

a. The job analysis done by HR

b. The job description and specification crafted when the job was posted

c. The way the job is regularly performed by others who hold that job

d. Facts about the employers work operations and work force (large, small, etc.)

e. All of the above are helpful evidence in determining the essential functions of the job

10. AMPCO has two employees who have used the words accommodate with regards to their job duties but neither one of them has mentioned any particular disability. To claim the protections of the ADA and request a reasonable accommodation, must an employee disclose that he/she has a disability under the ADA?

a. Yes; if he/she doesnt disclose, the employer cant be expected to read his or her mind and know there is a disability

b. Maybe if the reasonable employer would have known that the employee had a disability (i.e., if it is visible or otherwise obvious), the employer will be held to have known even if the employee didnt disclose

c. No; the existence of a disability is a private condition the employee need not disclose in order to demand a reasonable accommodation under the ADA