DMEC – CLMS EXAM SOLVED
COMPLETE QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
1. Scenario: Hernia Surgery
In October, Steve gives his boss, Jaime a heads up that he'll be out from
Dec. 23 through Jan. 8 for hernia surgery. On Dec. 20, Steve receives his
performance evaluation and is put on a performance improvement plan
based on work performance. Since he has already communicated he will
need a medical leave, can the employer follow company-approved
performance management processes?
Yes or No
Yes - but please note this is a difficult situation. Employers taking adverse action
against an employee who is exercising rights under the FMLA or the ADA may be
more closely scrutinized. The employee is not entitled to any greater options
around job security simply for having requested future leave. However, all
documentation before and after the leave request should clearly reflect the
validity of the execution of any disciplinary activity.
Scenario: Depression
Mark is a computer programmer and was recently diagnosed with clinical
depression. After his diagnosis and successful plan of treatment, he is ready to
return to work.
For this scenario, apply ADA regulations unless otherwise noted and assume the
FMLA is not a factor.
,Which of the following would NOT be a reasonable accommodation for Mark?
1. Flexible telecommuting
2. Increased break times to get outdoors for access to natural lighting
3. Provide a job coach or mentor
4. Have first choice among low-stress or deadline independent assignments
5. Intermittent leave
4. Have first choice among low-stress or deadline independent assignments
Scenario: Depression
Mark is a computer programmer and was recently diagnosed with clinical
depression. After his diagnosis and successful plan of treatment, he is ready to
return to work.
For this scenario, apply ADA regulations unless otherwise noted and assume the
FMLA is not a factor.
After a two-week leave and treatment for depression, Mark asks to return to
work on a part-time basis. His employer tells him that he can't return to work
until he doesn't require either restrictions or accommodations because they need
everyone at full capacity to meet an important deadline. Based on these cursory
facts, is Mark likely to succeed if he files a discrimination charge with the EEOC?
Yes or No
Yes
Scenario: Depression
Mark has returned to work for 11 weeks. He works full time, but in an effort to
allow him to manage his depression, he was granted an accommodation for 12
weeks to telecommute two of the five days each week. On the days he
telecommutes, he is unavailable for in-person meetings or to stay late for long
sessions.
,There is one week left of his accommodation; however, his team has expressed to
Marian that in order to meet their deadlines, all members of the team need to be
in the office and available for overtime.
Morale is slipping within the team, and there are complaints that their bonus will
be lost because of Mark's schedule.
Which of the following options should Marian choose when handling this issue for
the team as a whole?
1. Explain to Mark the team's low morale and the fact that they really need him to
step up at least for the next few days, then he can return to his modified
schedule.
4. Assure the team that Mark's ability to telecommute has not impacted his work
up to this point, and she doesn't foresee it as a hindrance to the team meeting its
deadline.
Scenario: Depression
Mark has returned to work for 11 weeks. He works full time, but in an effort to
allow him to manage his depression, he was granted an accommodation for 12
weeks to telecommute two of the five days each week. On the days he
telecommutes, he is unavailable for in-person meetings or to stay late for long
sessions.
When Mark returns to work, he has exhausted his FMLA leave but his doctor
recommends that he work part-time for one month. His employer can reduce his
healthcare insurance based on his part-time status.
True or False
True - the ADA does not prohibit the adoption of health insurance eligibility
requirements that do not discriminate on the basis of disability, as long as such
requirements are applied in the same manner to all employees. A requirement
, that employees work a certain number of hours to remain eligible for health
insurance benefits does not discriminate on the basis of disability.
Scenario: Depression
Mark has returned to work for 11 weeks. He works full time, but in an effort to
allow him to manage his depression, he was granted an accommodation for 12
weeks to telecommute two of the five days each week. On the days he
telecommutes, he is unavailable for in-person meetings or to stay late for long
sessions.
Mark isn't the first programmer at his company to seek treatment for depression.
There have been two other employees to do so. In both cases, they returned to
work for a while but were eventually terminated because they continue to require
more and more leave. Based on this history, HR doesn't want to allow Mark to
return to work, indicating that his leave is likely to turn into an indefinite leave
because depression is a chronic and incurable illness. The employer is right in
believing that Mark will not be able to function at full capacity and is likely to go
out again based on past ex
False
Scenario: Accessibility
Charisse applies for a job as an accountant for a factory in Minnesota that
produces pet products.
She has an impressive resume and meets all of the qualifications to carry out the
essential functions of the job. She is chosen as one of the top applicants to come
for an interview
Upon arrival, they see she is in a wheelchair.
For Charisse to enjoy equal benefits and privileges of employment, the company
will need to make an accommodation for her to ensure safe passage into the
building during winter months or to allow her to work from home when there is
COMPLETE QUESTIONS AND
CORRECT DETAILED ANSWERS
(VERIFIED ANSWERS)
1. Scenario: Hernia Surgery
In October, Steve gives his boss, Jaime a heads up that he'll be out from
Dec. 23 through Jan. 8 for hernia surgery. On Dec. 20, Steve receives his
performance evaluation and is put on a performance improvement plan
based on work performance. Since he has already communicated he will
need a medical leave, can the employer follow company-approved
performance management processes?
Yes or No
Yes - but please note this is a difficult situation. Employers taking adverse action
against an employee who is exercising rights under the FMLA or the ADA may be
more closely scrutinized. The employee is not entitled to any greater options
around job security simply for having requested future leave. However, all
documentation before and after the leave request should clearly reflect the
validity of the execution of any disciplinary activity.
Scenario: Depression
Mark is a computer programmer and was recently diagnosed with clinical
depression. After his diagnosis and successful plan of treatment, he is ready to
return to work.
For this scenario, apply ADA regulations unless otherwise noted and assume the
FMLA is not a factor.
,Which of the following would NOT be a reasonable accommodation for Mark?
1. Flexible telecommuting
2. Increased break times to get outdoors for access to natural lighting
3. Provide a job coach or mentor
4. Have first choice among low-stress or deadline independent assignments
5. Intermittent leave
4. Have first choice among low-stress or deadline independent assignments
Scenario: Depression
Mark is a computer programmer and was recently diagnosed with clinical
depression. After his diagnosis and successful plan of treatment, he is ready to
return to work.
For this scenario, apply ADA regulations unless otherwise noted and assume the
FMLA is not a factor.
After a two-week leave and treatment for depression, Mark asks to return to
work on a part-time basis. His employer tells him that he can't return to work
until he doesn't require either restrictions or accommodations because they need
everyone at full capacity to meet an important deadline. Based on these cursory
facts, is Mark likely to succeed if he files a discrimination charge with the EEOC?
Yes or No
Yes
Scenario: Depression
Mark has returned to work for 11 weeks. He works full time, but in an effort to
allow him to manage his depression, he was granted an accommodation for 12
weeks to telecommute two of the five days each week. On the days he
telecommutes, he is unavailable for in-person meetings or to stay late for long
sessions.
,There is one week left of his accommodation; however, his team has expressed to
Marian that in order to meet their deadlines, all members of the team need to be
in the office and available for overtime.
Morale is slipping within the team, and there are complaints that their bonus will
be lost because of Mark's schedule.
Which of the following options should Marian choose when handling this issue for
the team as a whole?
1. Explain to Mark the team's low morale and the fact that they really need him to
step up at least for the next few days, then he can return to his modified
schedule.
4. Assure the team that Mark's ability to telecommute has not impacted his work
up to this point, and she doesn't foresee it as a hindrance to the team meeting its
deadline.
Scenario: Depression
Mark has returned to work for 11 weeks. He works full time, but in an effort to
allow him to manage his depression, he was granted an accommodation for 12
weeks to telecommute two of the five days each week. On the days he
telecommutes, he is unavailable for in-person meetings or to stay late for long
sessions.
When Mark returns to work, he has exhausted his FMLA leave but his doctor
recommends that he work part-time for one month. His employer can reduce his
healthcare insurance based on his part-time status.
True or False
True - the ADA does not prohibit the adoption of health insurance eligibility
requirements that do not discriminate on the basis of disability, as long as such
requirements are applied in the same manner to all employees. A requirement
, that employees work a certain number of hours to remain eligible for health
insurance benefits does not discriminate on the basis of disability.
Scenario: Depression
Mark has returned to work for 11 weeks. He works full time, but in an effort to
allow him to manage his depression, he was granted an accommodation for 12
weeks to telecommute two of the five days each week. On the days he
telecommutes, he is unavailable for in-person meetings or to stay late for long
sessions.
Mark isn't the first programmer at his company to seek treatment for depression.
There have been two other employees to do so. In both cases, they returned to
work for a while but were eventually terminated because they continue to require
more and more leave. Based on this history, HR doesn't want to allow Mark to
return to work, indicating that his leave is likely to turn into an indefinite leave
because depression is a chronic and incurable illness. The employer is right in
believing that Mark will not be able to function at full capacity and is likely to go
out again based on past ex
False
Scenario: Accessibility
Charisse applies for a job as an accountant for a factory in Minnesota that
produces pet products.
She has an impressive resume and meets all of the qualifications to carry out the
essential functions of the job. She is chosen as one of the top applicants to come
for an interview
Upon arrival, they see she is in a wheelchair.
For Charisse to enjoy equal benefits and privileges of employment, the company
will need to make an accommodation for her to ensure safe passage into the
building during winter months or to allow her to work from home when there is
