n It is unlawful for an employer to fail or refuse to hire, to discharge, or otherwise discriminate because of age against individuals with respect to 40 years of age or older compensation, terms, conditions, or privileges of employment. n It is unlawful to forcibly retire an employee because of age 40+. n It is unlawful to give preference because of age to one person over another within the protected age Exceptions to the ADEA n Bona fide occupational qualifications (BFOQ) n Unequal impact on the protected age n Seniority systems Age as a BFOQ is permitted but extremely rare. Unequal Impact Job requirements with an unequal impact on the protected age are permitted if truly necessary. Pregnancy Discrimination Act of 1978 (PDA) n Women affected by pregnancy must be treated the same as other applicants and employees on the basis of their ability or inability to work. n Employers no longer require women to take leaves of absence or resign because of pregnancy. n Health insurance provided must cover expenses for pregnancy-related conditions on the same basis as expenses for other conditions. n Specific guidelines for pregnancy leave. PDA Guidelines for Pregnancy Leave Employers may NOT: n Use any employment practice (hiring, work duties, work schedule, promotion, firing, etc.) that discriminate against applicants or employees because of pregnancy, childbirth, abortion or a planned adoption. n Treat disabilities related to pregnancy or childbirth differently from other types of disabilities or medical conditions. Work parameters can be changed during pregnancy If pregnancy renders the employee unable to do the job or If pregnancy endangers the health and safety of others. An employee cannot be considered unable to do her job unless the particular skill affected must relate to the central mission of the job. The employer must treat her the same as temporarily disabled employees. If pregnancy endangers the health and safety of others the employee can be reassigned or put on mandatory leave. Does not apply to safety of employee or fetus - - only third parties. Family Medical Leave Act of 1993 (FMLA) n Requires employers of 50 or more workers to provide up to 12 weeks a year of unpaid, job-protected leave to take care of a newborn or newly adopted child.
n It is unlawful for an employer to fail or refuse to hire, to discharge, or otherwise discriminate because of age against individuals 40 years of age or older with respect to compensation, terms, conditions, or privileges of employment. n It is unlawful to forcibly retire an employee because of age 40+. n It is unlawful to give preference because of age to one person over another within the protected age Exceptions to the ADEA n Bona fide occupational qualifications (BFOQ) n Unequal impact on the protected age n Seniority systems Age as a BFOQ is permitted but extremely rare. Unequal Impact Job requirements with an unequal impact on the protected age are permitted if truly necessary. Pregnancy Discrimination Act of 1978 (PDA) n Women affected by pregnancy must be treated the same as other applicants and employees on the basis of their ability or inability to work. n Employers no longer require women to take leaves of absence or resign because of pregnancy. n Health insurance provided must cover expenses for pregnancy-related conditions on the same basis as expenses for other conditions. n Specific guidelines for pregnancy leave. PDA Guidelines for Pregnancy Leave Employers may NOT: n Use any employment practice (hiring, work duties, work schedule, promotion, firing, etc.) that discriminate against applicants or employees because of pregnancy, childbirth, abortion or a planned adoption. n Treat disabilities related to pregnancy or childbirth differently from other types of disabilities or medical conditions. Work parameters can be changed during pregnancy If pregnancy renders the employee unable to do the job or If pregnancy endangers the health and safety of others. An employee cannot be considered unable to do her job unless the particular skill affected must relate to the central mission of the job. The employer must treat her the same as temporarily disabled employees. If pregnancy endangers the health and safety of others the employee can be reassigned or put on mandatory leave. Does not apply to safety of employee or fetus - - only third parties. Family Medical Leave Act of 1993 (FMLA) n Requires employers of 50 or more workers to provide up to 12 weeks a year of unpaid, job-protected leave to take care of a newborn or newly adopted child.
2014_final_exam_review.docx