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Age Discrimination Employment Law Article
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Employment Discrimination Law – Protection for Those Who Need It
from: Employment discrimination law quite simply prohibits discrimination on the basis of a number of things, but in this article we will be talking about disabilities. The major act that covers this area is called the American with Disabilites Act and it clearly defines who is protected by law and what illegal discrimination is.Employment discrimination law in the disabilites arena isn't easy law to practise, as there are (as with just about every other area of law in this discipline) so many variations on what each supposed definition means. Even just starting with the definition of who is an individual with a disability under employment discrimination law. Supposedly, a person with a disability is one who has a physical/mental impairment that really limits one or more of life's major activities etc. Major life activities are defined as things an average person can do without too much difficulty – walking, breathing, seeing, hearing, working, etc.
Under employment discrimination law you must look to the definition of what a qualified person with a disability is. They must be someone first and foremost that has the necessary skills, education or job experience and who can perform the work in question. The next component of this requirement is that they can perform the job with or without reasonable accommodation.
What is reasonable accomodation defined as under employment discrimination law? It can include making facilities accessible for people with disabilities, job restructing, a modified work timetable, extra unpaid leave, modifying equipment/devices and/or having qualified readers/interpreters on hand. As an employer complying with employment discrimination law, you are not required to lower production standards to make an accommodation, nor are you expected to provide personal use items (eyeglasses, hearing aids etc.)
Now having discussed accommodation provisions, there is a sort of exemption built into this area for employers. Although they are required to make reasonable accommodations for a qualified candidate, they are not obligated to do that if it would cause undue hardship on the operation of the employer's business.
So in effect, undue hardship means something that causes significant difficulty or exprense when compared to things like the size of the business, their financial status and its operation/structure. This unfortunately seems to have the earmarks of a loophole that could be used by employers to subtly discriminate.
No matter what the reasons you feel you have been discriminated against, it is important to always check the existing statutes and case law prior to making a final decision on whether or not to file a complaint.
Age Discrimination Employment Law News
Tempe district settles age-bias suit for nearly $150000 - Tucson Citizen
Tempe district settles age-bias suit for nearly $150000 Tucson Citizen 24, 2012, under Arizona Republic News Tempe Elementary School District must pay more than $148000 to settle an age-discrimination lawsuit filed by the federal government. The district violated a federal law by giving more benefits to younger employees ... Tempe Elementary School District to pay $148K to settle employment lawsuit Tempe district must pay nearly $150000 to settle age-discrimination suit Tempe Elementary School District must pay nearly $149K to settle age ... |
Tempe district must pay nearly $150000 to settle age-discrimination suit - Tucson Citizen
Tempe district must pay nearly $150000 to settle age-discrimination suit Tucson Citizen 24, 2012, under Arizona Republic News Tempe Elementary School District must pay nearly $150000 to set an age-discrimination lawsuit filed by the federal government. The school district violated a federal law by giving more benefits to younger employees ... |
Age Discrimination's Impact Disputed In Congressional Hearing On Unemployment - Huffington Post
 U.S. News & World Report | Age Discrimination's Impact Disputed In Congressional Hearing On Unemployment Huffington Post In a Tuesday report that coincided with the hearing, the Government Accountability Office, an investigational arm of Congress, reported that older jobseekers and economic experts alike have identified age discrimination as an obstacle to getting older ... Older Workers Have Highest Long-Term Unemployment Recession Leaves Older Workers Behind Older Long-Term Unemployed Don't Just Lose Income, but also Lifetime Benefits |
Appeal dismissal raises questions over DRA - Workplace Savings & Benefits
Appeal dismissal raises questions over DRA Workplace Savings & Benefits The Court dismissed an appeal from a law firm partner who was forced to retire at age 65, saying the firm was right in its use of age discrimination to remove the man. The decision questions the abolition of the default retirement age, which came into ... Shepherd and Wedderburn LLP | Supreme Court rules compulsory retirement ages ... |
Jury awards ex-Passaic County sheriff's investigator $180k in age ... - NorthJersey.com
Jury awards ex-Passaic County sheriff's investigator $180k in age ... NorthJersey.com While jurors agreed plaintiff Robert Klein was the victim of age discrimination, it found no evidence to support a similar claim by sheriff's investigator Lamont Garnes, who was also laid off in 2008 and who was a co-plaintiff in the case. |