Occupational and Environmental Health: Recognizing and Preventing Disease and Injury - Multiple Choice Questions - Learn & Prevent

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Under what circumstance can an employer legally refuse to hire or rehire an individual according to the ADA?

  1. If the individual demands an above-market salary

  2. If the individual poses a direct threat to the health or safety of others

  3. If the individual has a previous record of absenteeism

  4. If the individual lacks the necessary experience

The correct answer is: If the individual poses a direct threat to the health or safety of others

An employer can legally refuse to hire or rehire an individual according to the ADA if the individual poses a direct threat to the health or safety of others. This means that the individual's condition, either physical or mental, would pose a significant risk of substantial harm to themselves or others in the workplace that cannot be reduced or eliminated with reasonable accommodations. The other options (salary demands, previous record of absenteeism, and lack of necessary experience) are not valid reasons for an employer to refuse to hire or rehire an individual under the ADA. This is because the ADA prohibits discrimination based on an individual's salary expectations, past absences, or perceived lack of experience, and instead focuses on an individual's ability to perform the essential functions of the job with or without reasonable accommodations. Therefore, B is the only correct option among the choices.