Protected Trait - Because of Age Flashcards
(11 cards)
what is the threshold of the ADEA?
Only applies to those 40 and over
Does the ADEA cover a person’s literal age, or age steoeotypes?
The ADEA covers age stenotypes, not a person’s literal age.
When does a grooming standard invoke stenotypes, which is prohibited?
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
Does discrimination based on national origin include citizenship?
No
What is included in discrimination based on national origin?
basis of their forigin burth, forigin ancestry, or chrachteristics associated with that persn’s national origin
Does verifying a perpson’s wokr status count as discrimination?
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
Does the ADEA allow for mixed motive?
No. but-for only
What is the employee threshold for the ADEA?
must have over 20 employees
Does discrimination based on accent infer a discrimination on the basis of national origin?
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.
Is requiring English language proficiency discriminatory?
Only if it is required at all hours, and not only while on duty