40 Plus Club
Legal authority for a claim of age discrimination
What is the Age Discrimination Elimination Act
Employers with 15 employees
What is the scope of Title VII?
Individual's initial burden of proof when asserting an employment discrimination claim
What is prima facie case?
Term used for speaking about or displaying religious content which is protected under Title VII and may require accommodations
What is religious expression?
Customer preference
What is never a legitimate basis for employer discrimination?
Public and private sector employers with 20 or more employees
What is the scope of the ADEA?
Discrimination claim based on the disproportionate impact that results from the application of a facially neutral practice or policy
What is disparate impact?
Employer's justification for making an adverse employment decision that is actually a cover-up for the true discriminatory motivating factor
What is pretext?
Extent to which a major life activity must be restricted by an impairment for it to be considered a disability for purposes of coverage under the ADA
What is substantial limitation?
Showing by an employer that a practice or policy is essential to its operation despite its disparate impact on members of a protected class
What is business necessity?
Allowable employer explanation for providing older employees with benefits based on a showing that it spent an equal amount of money to provide the benefits as it did for younger employees
What is equal-cost defense?
Retaliation claim based on imposition of an adverse action on an individual in response to the individual's decision to participate in a proceeding related to an employment discrimination claim
What is a participation claim?
Employer's burden of proof to present evidence of a valid business justification for an adverse employment decision
What is legitimate, nondiscriminatory reason?
History of past medical condition that might entitle an individual to protections under the ADA
What is record of impairment?
An employer's basis for an adverse decision on an individual over the age of 40 that is unrelated to age and therefore not a violation of ADEA
What is reasonable factor other than age (RFOA)?
Federal law requiring that agreements intended to prevent employees from asserting their rights under ADEA be knowing and voluntary waivers
What is the Older Workers Benefit Protection Act (OWBPA)?
Explanation for an adverse employment decision that includes both legitimate & discriminatory considerations that may impact the amount of damages awarded
What is mixed motive?
Landmark case which established disparate treatment claims and the burden shifting scheme used to prove employment discrimination cases
What is McDonnell Douglas v. Green?
Employer's obligation to alter work conditions for a qualified individual with a disability or for an individual's to allow participation in religious conduct
What are reasonable accommodations?
Hardship that exceeds what an employer would be required to withstand to accommodate a qualified individual with a disability or an employee's religious beliefs or practices
What is undue burden?
Requirement that age be THE motivating factor for an adverse employment decision
What is "but for" causation?
Work conditions which are the basis for a discrimination claim when a person is subject to unwelcome, offensive, and pervasive objectionable comments or ridicule at work based on their membership in a protected class
What is hostile work environment?
Requirement of an employee to show that the employer's explanation for making an adverse decision was untrue and that the true motivating factor was discriminatory
What is pretext-plus?
Assistance that may eliminate or reduce the extent to which an impairment limits a major life activity
What is mitigating measures?
Employer's defense that illustrates the business necessity of considering an individual's protected class status (other than race or color) which would otherwise be prohibited
What is Bona Fide Occupational Qualification?