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Question 258

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?

    Correct Answer: C

    The company has potential ADA liability because of the manager's association of Bob with HIV/AIDS through his wife. The Americans with Disabilities Act (ADA) prohibits discrimination against individuals based on their known relationship or association with a person with a disability. While Bob himself does not have HIV/AIDS, the company's actions of limiting his contact with employees and customers are discriminatory based on his association with someone who has a disability. This falls under the 'association' provision of the ADA, making option C the correct choice.

Discussion
Cam22Option: 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.