Age Discrimination in Employment Act

1
Age Discrimination in Employment Act

• Covers Employers with 20 Employees
• No Discrimination Based on Age gt 40
• No Mandatory Retirement Age
• Disparate Impact Claims possible Smith v. City
  of Jackson, 544 U.S. 228 (2005)
• Employer may use reasonable factor other than
  age
• Plaintiff has burden to prove factor unreasonable
  and not job-related
• Defenses
• BFOQ
• Executive Exemption
• Bonafide Seniority or Benefit Plan -- Cost
  Justification
• Factor Other Than Age
• Police or Firefighter Retirement Age (at least 55)

2
Americans with Disabilities Act

• Coverage 15 or more employees
• 3 Part Definition of Disability
• Reasonable Accommodation of Otherwise Qualified
  Persons with a Disability, unless Undue Hardship
• Defenses
• Direct Threat to Health or Safety
• Job Related Criteria
• Food Handler Defense -- HHS List
• Religious Entities

3
Rehabilitation Act

• 3 Part Definition of Disability
• Protects Otherwise Qualified Individuals with a
  Disability
• S 503 Federal Contractors (gt 10K) subject to
  nondiscrimination obligation
• S. 504 Activities receiving federal funding
  cant discriminate against otherwise qualified
  individuals with a disability

4
NYS Human Rights Law

• Employers with 4 Employees
• Prohibitions Include Discrimination in Employment
  Based on
• Disability -- definition similar to ADA
  includes duty to make reasonable accommodation
• Genetic Characteristics
• Age gt18