QUESTION 10

Note: This question may have more than one correct answer. Select all which apply but do not select answers that do not apply; incorrect answers will be penalized.

Cindy has struggled with her weight her entire life but is not considered clinically obese. As she has gotten older, her struggles have intensified. She is now 55 years old and, at a recent check-up, her doctor diagnosed her with high cholesterol, hypertension, Type II diabetes and heart arrythmia, all of which are weight related. Cindy's test results were sent to her employer because it paid for her check-up under its "Healthy Workplace" plan. With all of these diagnoses, Cindy's stress level increased, and she started suffering from shortness of breath that her therapist says is primarily psychosomatic rather than physical in origin. Cindy has asked her employer to allow her to use a scooter to get around the office; this will require relocating Cindy's workspace because her scooter cannot get through the narrow aisle to her current cubicle. The employer is becoming displeased with Cindy's because her ailments, real or imagined, are causing her to miss work more frequently. The employer consults its HR department on what to do about Cindy. Which of the following are true?

	a.	Based on prior court decisions, the employer will prevail against Cindy on any legal theory she may use as a claim because she is not protected by either Title VII or any of the other acts that could arguably apply to her situation.
	b.	The employer cannot terminate Cindy and replace her with a healthier, younger employee because Cindy is protected by the ADEA.
	c.	Cindy's request is a reasonable accommodation under the ADA and ADAAA because of her numerous health problems.
	d.	Under current law, the employer can use Cindy's medical check-up in evaluating whether to continue her employment because she has no privacy protection for the results of her check-up.