Final Exam

Question 1

Laws that cover disability discrimination? (3)

Answer 1

➤Rehabilitation Act (1973)
➤ Americans with Disabilities Act (ADA) (1990)
➤NJ Law Against Discrimination (NJLAD)

Question 2

Rehabilitation Act (1973)?

Answer 2

➤ Federal law (all 50 states)
➤ Federal funding (only employees that receive federal funding/non-private)
➤Handicap

Question 3

Americans with Disabilities Act (ADA) (1990)?

Answer 3

➤ Federal law
➤ Applies to all employers (with minimum 15 employees)
➤ Disability

Question 4

NJ Law Against Discrimination (NJLAD)?

Answer 4

➤ State law
➤ 2yr statute of limitations (SOL)
→ starts at termination (adverse employment action)
➤ Applies to all employers
→ besides government sector employees

Question 5

What qualifies a person to be considered disabled? (3)

Answer 5

➤ Diagnosed
➤ Record
➤ Regarded as (perceived to have disability)

Question 6

Lily Ledbetter Act (2009)? (continuing violation)

Answer 6

➤ Statute of limitations is restarted with the occurrence of each adverse employment action
EX: Lily Ledbetter received pay-discrimination for longer than original (SOL)
→ However court did NOT favor her side, which afterwards led to this act
➤ Title VII

Question 7

Age Discrimination Employment Act (ADEA)?

Answer 7

➤ Federal law
➤ ages 40 & over
→NJLAD covers ANY age
➤ 20 or more employees

Question 8

Bona Fide Occupational Qualification (DFOQ)?

Answer 8

➤ Protects employer from having to hire an employee this is not qualified due to a disability
EX: Too old to pilot a passenger plane

Question 9

Retaliation?

Answer 9

➤ Employee protection after legal action with EEOC against their employer
➤1 month- adverse employment action
➤1 week- protected activity
→ can still be filed after 1 month
***note: Even if plaintiff loses the discrimination case, he/she can still sue employer for retaliation

Question 10

According to the law: What are the qualifications for a “good” dog?

Answer 10

➤ Roll over
➤ Sit
➤ Beg (fetch)