Anti-Discrimination Statutes

Question 1

Title VII of Civil Rights Act of 1964

Answer 1

Prohibits ERs from discriminating against EE or applicant on bases of:

(1) Race
(2) Color
(3) National Origin
(4) Sex
(5) Religion

Question 2

ERs Covered by Title VII

Answer 2

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

Question 3

EEs Covered by Title VII

Answer 3

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

Question 4

The Americans with Disabilities Act

ADA

Answer 4

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

Question 5

ERs Covered by ADA

Answer 5

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

Question 6

EEs Covered by ADA

Answer 6

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

Question 7

Disability Defined

Answer 7

(1) Actual disability
(2) Record of disability
(3) Regarded as having disability

Question 8

Actual Disability

Answer 8

Physical/mental impairment that SUBSTANTIALLY LIMITS one or more of an individual’s MAJOR LIFE ACTIVITIES

Question 9

Record of Disability

Answer 9

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

Question 10

Regarded as Having a Disability

Answer 10

ER regards individual as having disability if ER unlawfully discriminates based on individual’s impairment or an impairment the ER BELIEVES THE INDIVIDUAL HAS

Question 11

Failure to Accommodate Claim

3 Elements for Prima Facie Case

Answer 11

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

Question 12

Failure to Accommodate Claim: Qualified Individual

Answer 12

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

Question 13

Reasonable Accommodation

Answer 13

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

Question 14

Defense of Undue Hardship

Answer 14

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

Question 15

The Age Discrimination in Employment Act

ADEA

Answer 15

Unlawful for ER to discharge any individual or otherwise discriminate against any individual because of that person’s age

Question 16

ERs Covered by ADEA

Answer 16

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

Question 17

EEs Covered by ADEA

Answer 17

Current/former EEs and applicants who are AT LEAST 40 YEARS OF AGE OR OLDER

Question 18

ADEA Exemptions

3

Answer 18

(1) Bona Fide Executives
(2) Safety Officers
(3) Elected/Appointed State Officials

Question 19

ADEA Exemption: Bona Fide Executive

Answer 19

Mandatory retirement at 65 permitted

Question 20

ADEA Exemption: Safety Officers

Answer 20

Firefighters and law enforcement officers can be subject to mandatory retirement ages set by local or state laws

Question 21

ADEA Exemption: Elected/Appointed State Officials

Answer 21

States can set own mandatory retirement ages for elected and appointed officials if desired

Question 22

ADEA Defenses

3

Answer 22

(1) Bona Fide Occupational Qualification (BFOQ)
(2) Reasonable factor other than age
(3) Good Cause

Question 23

ADEA Defense: BFOQ

Answer 23

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

Question 24

ADEA Defense: Reasonable Factor Other Than Age

Answer 24

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

Question 25

ADEA Defense: Good Cause

Answer 25

Not unlawful for ER to discharge or otherwise discipline EE for good cause

Question 26

Older Workers Benefit Protection Act

Answer 26

Authorizes knowing and voluntary waivers of ADEA rights

ER has burden of demonstrating waiver is valid