Exam Preview for 20497: Protecting Musicians with Hearing Loss Agai

Protecting Musicians with Hearing Loss Against Employment Discrimination

Please note: exam questions are subject to change.

1. Brandi is a percussionist for the Gotham City Philharmonic, which employs 200 musicians and staff. Brandi has mild hearing loss, and she believes her hearing has worsened due to excessive noise levels in rehearsals. Brandi may be protected by the follow Americans with Disabilities Act Occupational Safety and Health Act The Family and Medical Leave Act All of the Above
2. Brandi asks the Gotham City Philharmonic to provide a reasonable accommodation of noise-induced hearing loss. Brandi has not yet seen an audiologist, but she is knowledgeable about noise-induced hearing loss. The Gotham City Philharmonic should: Tell Brandi she is not eligible because mild hearing loss does not substantially limit a major life activity. Engage in an interactive dialogue with Brandi about her condition and the accommodation she is seeking. Tell Brandi that it is premature to discuss reasonable accommodations until she sees an audiologist. Encourage Brandi to take FMLA leave, and offer to discuss accommodations if her hearing does not improve.
3. After consulting with her audiologist, Brandi proposes that the Philharmonic install a plexiglass enclosure to protect her. The Philharmonic says an enclosure is too expensive and offers ear plugs instead. The response of the Philharmonic is: Unlawful, because Brandi is entitled to an interactive dialogue about all accommodation options under the ADA Unlawful, because Brandi may be entitled to installation of the enclosure, if feasible, under OSHA Both A and B Lawful, because the installation of a protective enclosure would be an undue hardship for the Philharmonic
4. Brandi complains to the Philharmonic director that her section is unbearably loud and dangerous. Brandi takes a "wild guess that sound must be over 100 decibels" during rehearsals. After her complaints are ignored, Brandi threatens to contact the press OSHA has jurisdiction to investigate potentially unsafe sound levels, but Brandi's retaliation claim is too late OSHA will investigate Brandi's retaliation complaint, but Brandi's excessive noise complaint lacks evidence OSHA will investigate both of Brandi's complaints about retaliation and unsafe sound levels She should hire a private investigator with a sound meter and a large following on Twitter
5. Roger was diagnosed with hyperacusis, and Roger now experiences migraines, dizziness, and loss of balance during and after rehearsals and performances. Roger asked the Orchestra for unpaid medical leave to see if his migraines and dizziness would resolve Allowed, because Roger has an auditory disability and unpaid medical leave is a reasonable request Allowed, because Roger's request for medical leave is a reasonable accommodation of his disability Denied, because the Metropolis Community Orchestra does not have 50 employees and does not offer FMLA leave Denied, because Roger cannot reasonably demand FMLA leave that would disrupt the Orchestra's concert season
6. Roger and the Metropolis Community Orchestra have extensive discussions about Roger's diagnosis and attempt multiple accommodations, including ear plugs, headphones, acoustical panels, and additional breaks for Roger during rehearsals. None of these acco Roger will likely lose, as he cannot perform the essential job functions even with accommodations Roger will likely lose, as Metropolis Community Orchestra cannot tolerate screechy violins Roger will likely win his claims, as the Orchestra failed to accommodate his disability Roger will likely win his claims, as the timing of the dismissal suggests retaliation
7. Garth is a male vocalist for "Party On," a successful wedding band in Boston. Party On is a 12-piece band. Seven original band members are paid as employees, and the newer musicians (like Garth) are independent contractors. Party On all has a band mana OSHA does not have jurisdiction because Garth is an independent contractor The EEOC does not have jurisdiction because Party On does not have 15 employees and Garth is a contractor Both A and B None of the above
8. What strategies should Garth consider to attempt to overcome the above legal obstacles? Garth should claim that Party On musicians were misclassified as independent contractors, and that ADA and OSHA apply Garth should consider claims under state law. In Massachusetts, discrimination claims require six or more employees Garth should seek advice from an audiologist about his hearing and monitor any changes to his hearing All of the above
9. Avett is a musician and sound engineer at a local bar and performance space. Avett manages the sound board for various rock bands. Avett has no diagnosed hearing loss, but he is concerned about the risk of noise-induced hearing loss. His sound meter in The owner must implement administrative or engineering controls to reduce weighted average noise exposure. It is insufficient to provide ear plugs The owner must only make changes that are economically feasible. Ear plugs are an appropriate intervention The owner need not take any action until Avett or a waiter complains of hearing loss or a hearing-related disability None of the above
10. What strategies may be available to disabled or injured musicians who are independent contractors? Claim they have been misclassified as contractors and seeks protections available to employees Seek Assistance from Unions or other Advocacy Groups Consider Tort-Based Lawsuits Against the "Employer," Performance Space, or Equipment Makers All of the Above