Anti-Discrimination Statutes Flashcards
Title VII of Civil Rights Act of 1964
Prohibits ERs from discriminating against EE or applicant on bases of:
(1) Race
(2) Color
(3) National Origin
(4) Sex
(5) Religion
ERs Covered by Title VII
Applies to public/private ERs with 15 OR MORE EEs who work each workday in each of the 20 weeks in the current or preceding calendar year
EEs Covered by Title VII
Right to Control Test
IN: Anyone who is paid wages/salary
Applies to current/former EEs and applicants falling within protected class (IN Civil Rights Law also protects ancestry, disability, and veteran status)
Independent Contractors NOT protected
The Americans with Disabilities Act
ADA
Prohibits ERs from discriminating against qualified individuals on basis of a disability
ER required to provide REASONABLE ACCOMMODATION for disabilities unless ER can show that would cause UNDUE HARDSHIP
ERs Covered by ADA
Applies to all private and public ERs with 15 OR MORE EEs who work each day in each week of 20 weeks in current or preceding calendar year
IN: For ERs with 15 or more, same as federal. For ERs who employ BETWEEN 6 AND 14 EEs, IN Civil Rights Act prohibits discrimination against individuals with disabilities, but DOES NOT REQUIRE REASONABLE ACCOMMODATION
EEs Covered by ADA
Right to Control Test
Current/former EEs and applicants who have a disability and are qualified to perform essential functions of job, with or without reasonable accommodation
Disability Defined
(1) Actual disability
(2) Record of disability
(3) Regarded as having disability
Actual Disability
Physical/mental impairment that SUBSTANTIALLY LIMITS one or more of an individual’s MAJOR LIFE ACTIVITIES
Record of Disability
Individual qualifies as having a disability if they have “record of” a physical/mental impairment that substantially limits one or more major life activities, even if not currently limited
Regarded as Having a Disability
ER regards individual as having disability if ER unlawfully discriminates based on individual’s impairment or an impairment the ER BELIEVES THE INDIVIDUAL HAS
Failure to Accommodate Claim
3 Elements for Prima Facie Case
P must show that P:
(1) Has DISABILITY within meaning of ADA; an
(2) Is QUALIFIED TO PERFORM ESSENTIAL FUNCTIONS of position, with or without reasonable accommodation; and
(3) Suffered ADVERSE EMPLOYMENT ACTION as result of discrimination
Failure to Accommodate Claim: Qualified Individual
Burden on EE to show they:
(1) Possess REQUISITE JOB RELATED REQUIREMENTS of the position; and
(2) ABLE TO PERFORM ESSENTIAL FUNCTIONS of position with or without reasonable accommodation
Reasonable Accommodation
Any change/adjustment to job, work environment, or way things usually done that would allow person with a disability to apply for job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace
Case-by-case determination
Defense of Undue Hardship
Shifts burden to ER after after EE makes showing that accommodation is reasonable on its face
ER not required to make an accommodation if it would impose an undue hardship on operation of its business
Undue Hardship = Action that would require SIGNIFICANT DIFFICULTY OR EXPENSE to the employer when considered in relation to factors such as the size of a business, its financial resources, and the nature and structure of its operation
The Age Discrimination in Employment Act
ADEA
Unlawful for ER to discharge any individual or otherwise discriminate against any individual because of that person’s age
ERs Covered by ADEA
Applies to private and public ERs employing 20 OR MORE EEs who work each workday in each of 20 weeks during the current or preceding calendar year
U.S excluded
EEs Covered by ADEA
Current/former EEs and applicants who are AT LEAST 40 YEARS OF AGE OR OLDER
ADEA Exemptions
3
(1) Bona Fide Executives
(2) Safety Officers
(3) Elected/Appointed State Officials
ADEA Exemption: Bona Fide Executive
Mandatory retirement at 65 permitted
ADEA Exemption: Safety Officers
Firefighters and law enforcement officers can be subject to mandatory retirement ages set by local or state laws
ADEA Exemption: Elected/Appointed State Officials
States can set own mandatory retirement ages for elected and appointed officials if desired
ADEA Defenses
3
(1) Bona Fide Occupational Qualification (BFOQ)
(2) Reasonable factor other than age
(3) Good Cause
ADEA Defense: BFOQ
Affirmative defense available to ER when ER can show that age restriction or differential treatment of older EEs is REASONABLY NECESSARY TO THE NORMAL OPERATION OF THE PARTICULAR BUSINESS
ADEA Defense: Reasonable Factor Other Than Age
ER may engage in practice that has a disparate impact on older applicants or EEs when such differentiation is based on a reasonable factor other than age
ADEA Defense: Good Cause
Not unlawful for ER to discharge or otherwise discipline EE for good cause
Older Workers Benefit Protection Act
Authorizes knowing and voluntary waivers of ADEA rights
ER has burden of demonstrating waiver is valid
