Term
| Who does the Age Discrimination and Employment act apply to? |
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Definition
| Employers with 20+ employees |
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Term
| Who does the ADEA protect? |
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Definition
Workers 40+ years of age
- Does not apply where employees favor older workers |
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Term
| How is a complaint filed under the ADEA? |
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Definition
| File a complaint with the EEOC before being able to sue |
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Term
| What does the ADEA cover? |
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Definition
| Age-based rules as well as rules that have a disparate impact on workers age 40+ |
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Term
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Definition
1. BFOQ
2. Bona fide seniority system
3. Any factor other than age |
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Term
| Which employers does the Americans with Disabilities act apply? |
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Definition
| Employers with 15+ employees |
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Term
| How does the ADA define a disability? |
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Definition
1. A physical or mental impairment that substantially limits an individual in a "major life activity"
2. Having a record of such an impairment, or
3. Being regarded as having such an impairment |
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Term
| What does the ADA prohibit? |
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Definition
Discrimination against qualified individuals with disabilities
- qualified= can perform the job with "reasonable accommodation" |
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Term
| What does the ADA require of the employer? |
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Definition
| To make reasonable accommodation of an employee's disability unless it would cause the employer "undue hardship" (significantly difficult or expense) |
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Term
| How can an employer avoid liability under the ADA? |
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Definition
By showing that the employer's decision was based on a rule or criteria that are 1) job related and 2) consistent with business necessity [disparate impact type defense]
- Employer must show that the employee cannot satisfy the rule or criteria even with reasonable accommodation |
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Term
| How do Title VII and the ADA define undue hardship? |
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Definition
Title VII- More than a minimal burden
ADA- Significant difficulty or expense |
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