Protected Trait - Because of Age Flashcards

(11 cards)

1
Q

what is the threshold of the ADEA?

A

Only applies to those 40 and over

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2
Q

Does the ADEA cover a person’s literal age, or age steoeotypes?

A

The ADEA covers age stenotypes, not a person’s literal age.

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3
Q

When does a grooming standard invoke stenotypes, which is prohibited?

A

Those that do not appropriately differentiate between the genders. Ex. prohibiting men from wearing makeup while requiring women to wear makeup is not discriminatory - Jespersen

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4
Q

Does discrimination based on national origin include citizenship?

A

No

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5
Q

What is included in discrimination based on national origin?

A

basis of their forigin burth, forigin ancestry, or chrachteristics associated with that persn’s national origin

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6
Q

Does verifying a perpson’s wokr status count as discrimination?

A

No - Where a person discrimatios based on a legal obligation to verify work permit status, and there is no motivation of discrimination based on race or national origin, there is no discriination

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7
Q

Does the ADEA allow for mixed motive?

A

No. but-for only

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8
Q

What is the employee threshold for the ADEA?

A

must have over 20 employees

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9
Q

Does discrimination based on accent infer a discrimination on the basis of national origin?

A

Potentially - where the accent is not an essential function of the job it would be discrimaitination. Ex. it is probably an essential job requirement to speak English clearly in a call centre, but not as a carpenter.

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10
Q

Is requiring English language proficiency discriminatory?

A

Only if it is required at all hours, and not only while on duty

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11
Q
A
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