W9: ADEA & Accommodating Employees Flashcards
What does ADEA stand for?
Age Discrimination in Employment Act
What is ADEA?
prohibits employment discrimination against individuals aged 40 and older in hiring, promotion, discharge, or term, conditions, or privileges of employment
What does the ADEA promote?
promotes employment based on ability rather than age and to prevent arbitrary age limits
What are some exceptions of the ADEA?
Reasonable Factors Other than Age
Bona Fide Occupational Qualification
What is Reasonable Factors Other Than Age (RFOA)?
defense used by employers when a neutral employment policy or practice has a disparate impact on older workers
What is Bona Fide Occupational Qualification? (BFOQ)
allows employers to set age limits for specific jobs where age is a necessary and legitimate qualification for the job
How many employees does an employer need to follow ADEA?
20+
What employers does ADEA apply to?
State and local governments and federal agencies no matter how many employees
What is Iowas age for ADEA?
ADEA in Iowa protects people 18 and older from age discrimination
Age Discrimination Claims Must show… (3)
-Employee performed their work well enough to suit the position
-Employer took an adverse action against employee
-Employer’s action was due to employee’s age
What does ADA stand for?
Americans with Disabilities Act
What are the three things a disability can be classified as?
-impairment that limits one or more life activities
-history/record of an impairment
-perception by others of impairment
What is the purpose of ADA?
Ensures that people with disabilities have the same rights and opportunities as everyone else
What type of disabilities does ADA cover? (3)
Physical conditions
Emotional illness
Learning disorders
What are the 5 titles of ADA?
Title I: Employment
Title II: State/Local Government
Title III: Public Accommodations
Title IV: Telecommunications
Title V: Miscellaneous (insurance)
T/F: The ADA prohibits discrimination in health insurance coverage
True
Does the ADA require employers to make reasonable accommodations and the workplace accessible?
Yes
T/F: Under Title VII, employers are required to reasonably accommodate religion, unless doing so would impose undue hardship
True
Employers should accept the _ of the employees’ stated religious beliefs and practices
sincerity
What are some circumstances that require religious accommodations?
- Religious observances
- Particular clothing, facial hair, or symbols
What is a way companies can maintain policies that are flexible to prevent conflicts from arising?
flexible days off - personal days
Employees must inform their employers regarding conflicts between their _ _ and _ _, and they must do so before disciplinary action is taken.
religious practices , workplace requirements
A reasonable accommodation of religion need not be the employee’s _ _, but providing the _ _ should be the employer’s first inclinations
preferred accommodation , employee’s preference
Employers must take requests for _ _ seriously and make _ _ efforts to identify reasonable accommodations that do not impose undue hardship
reasonable accommodations , good faith