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Exam CRCM topic 1 question 267 discussion

Actual exam question from ABA's CRCM
Question #: 267
Topic #: 1
[All CRCM Questions]

Bob's wife is HIV-positive due to a blood transfusion during an appendectomy 15 years ago. She is not yet sick, but takes medication to prevent the onset of AIDS.
Bob occasionally needs to take time off from work to take her for testing at Johns Hopkins in Baltimore. Because of complaints about Bob's exposure to this disease, employees have asked HR to limit his contact with them and with customers. The bank has asked Bob not to eat in the lunchroom with the other employees and has placed Bob in a position where he has limited customer contact. Does this company have any potential ADA liability?

  • A. No. Bob's exposure to HIV could endanger other employees and customers
  • B. No. Because the hiring manager does not know that Bob actually has HIV or AIDS, there is no liability
  • C. Yes. Because the manager has associated Bob with this disease, the "associated with" rule applies
  • D. Yes. Because the manager has regarded Bob as having a disability, he has been "regarded as" disabled and the ADA applies
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Suggested Answer: D 🗳️

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Cam22
4 months ago
Selected Answer: D
D. Yes. Because the manager has regarded Bob as having a disability, he has been "regarded as" disabled and the ADA applies. In this scenario, although Bob's wife is HIV-positive, Bob himself may not have HIV or AIDS. However, the bank's actions suggest that the manager has associated Bob with HIV/AIDS and has taken adverse actions against him based on this perceived association. Under the Americans with Disabilities Act (ADA), discrimination based on perceived disability, even if the individual does not actually have a disability, is prohibited. This falls under the "regarded as" disabled provision of the ADA. Therefore, by limiting Bob's contact with other employees and customers, and by placing restrictions on his interactions within the workplace, the company may be liable for ADA violations due to discrimination against Bob based on his perceived association with HIV/AIDS. Option D correctly identifies this potential liability under the ADA.
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