Chapter 33 - Employment Discrimination Based on Age and Disability

Question 1

ADEA

Answer 1

• Age Discrimination Employment Act
• Federal law
• Refusing to hire, promote, firing based on age.
• Applies to people over age 40 & over and to employers with at least 20 employees.

Question 2

Age Discrimination

Answer 2

• The burden is initially on the plaintiff.
• They need to show a “prima facia” (on the surface) - a pattern of fact.
• After established a pattern, burden shifts to employer to give reasons other than age for action taken or not taken.
• If employer can show they took an action for reasons other than age, the burden shifts back to plaintiff to show that discrimination occurred anyway.

Question 3

Cortez v. Wal-mart Stores

Answer 3

• Cortez wasn’t promoted to manager, but felt qualified.
• Sam’s Club hired younger people as a pattern.
• Cortez was at least age 40.
• He won based on age discrimination because there was a pattern of hiring younger people.

Question 4

ADA

Answer 4

• Americans With Disabilities Act

Question 5

Disability

Answer 5

• Any mental or physical impairment that SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES.
• Very broad
• Includes morbid obesity and alcoholism.
• If the disability can be corrected, it is not a disability.

Question 6

More ADA

Answer 6

• The employer must REASONABLY ACCOMODATE the disability unless it causes UNDUE HARDSHIP on the employer.
• Employer must also reasonably accomodate customers.

Question 7

Nolan v. Arkema, Inc.

Answer 7

• Nolan took time off to take care of some disorders.
• He suffered from intermittent explosive disorder (IED).
• Is this a disability?
• Court ruled that the ee won issue to proceed to trial.
• Defendant lost motion for summary judgement and motion to dismiss.

Question 8

In addition to undue hardship, the employer defenses are:

Answer 8

• Business Necessity
• BFOQ (bonafide occupational qualificaiton)
• Seniority.