The ADEA makes it unlawful to publish a job advertisement indicating any preference based on _____.
What is age? (page 528-29)
100
This was passed by Congress in 1990 to address the legality and enforcement of early retirement programs that required older workers to waive their rights under the ADEA.
What is The Older Workers' Benefit Protection Act? (page 539-541)
100
__________ ___________ may require the redesign of a job in order to eliminate non-essential functions of the job.
What is Reasonable accommodations? (page 580)
100
Under the ADA, an individual, is ________ if the individual has an impairment that substantially limits one or more of the major life activities.
What is disabled? (page 569)
100
The ADA prohibits ________ _______ discrimination, ________ ________ discrimination, and ________ _______ ________ discrimination.
What is disparate treatment, disparate impact, and hostile work environment? (page 567-568)
200
__________ and __________ sector employees enjoy the same protections under the ADEA.
What is federal and private? (page 537)
200
This law protects all persons who are at least 40 years of age, against age discrimination in employment.
What is The ADEA (Age Discrimination in Employment Act) (page 518-520)
200
The ADA applies to all private employers with ___ or more employees.
What is 15? (page 564)
200
Under the ADA, a person who other people ________ has a disability but does not have a disability, is protected against discrimination.
What is believe? (page 571)
200
Once the employee furnishes a prima facie case for disability discrimination, the burden shifts to the employer under the _______ _______ analysis to establish a LNDR for the employment action.
What is McDonnell Douglas? (page 590)
300
The ADEA allows a ________ to be used as a defense as long as substantially all of the individuals over the age at issue are unable to perform the duties of the job.
What is BFOQ? (page 528)
300
Back pay, front pay and liquidated damages.
What are remedies under the ADEA? (page 543)
300
The ADEA permits an employer to discriminate when the differentiation is based on a _______________.
What is reasonable factor other than age? (RFOA) (page 531)
300
a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual
b) a record of having such an impairment
c) being regarded as having such an impairment.
What is a disability? (page 569)
300
LNDR =
What is legitimate non-discriminatory reason? (page 590) - and Chapter 2.
400
A ___________ violation of the ADEA can result in an award of liquidated damages.
What is willful? (page 543)
400
This agency is the principle enforcer of the ADEA.
What is EEOC (Equal Employment Opportunity Commission)? (page 520)
400
This term refers to only those tasks that are fundamental to the performance of a job, and are not marginal or unnecessary.
What are "essential functions of the job"? (page 579)
400
The _______ ________ originally interpreted the term impairment or major life activity narrowly, including only those activities that are of "central importance to most people's dally lives".
What is Supreme Court? (page 574)
500
An amount that is equal to any unpaid wage liability and results in a doubling of the unpaid wage liability.
What are liquidated damages? (page 543)
500
An individual is _______ for a position if he or she is able to meet the employer's legitimate job requirements.
What is qualified? (page 525)
500
In order to establish that a requested accommodation constitutes an __________ __________ under the ADA, an employer must show that the accommodation will require the employer to incur a significant cost or obligation.
What is undue hardship? (page 584-586)
500
1. She or he is disabled.
2. She or he is otherwise qualified for the position.
3. If an accommodation is required, the accommodation is reasonable.
4. She or he suffered an adverse employment decision such as termination or demotion.
What is proving a prima facie case for disability discrimination? (page 569)
500
_________ is a covered disability under both the ADA and the Rehabilitation Act, whereas alcohol related misconduct is not covered.