Job assignments, promotions, and terminations must be based on productivity, skills,
abilities, or any factor other than protected class status, including age.
Exemptions to the law require a bona fide occupational qualification, such as not
rehiring an aging actor for a young role, or matters of public safety, such as for airplane
pilots or bus drivers.
Common age-related stereotypes include older employees being less productive, less
physically and technologically capable, and less motivated to work hard. Research has
discredited these age stereotypes.
The researchers, however, have found three age-related differences: older employees
were more likely to demonstrate organizational citizenship behavior and comply with
safety rules, and less likely to engage in counterproductive work behaviors.
Due to longevity and accomplishments, older employees in some organizations have
higher salaries. If an organization seeks to reduce labor costs, salaries can be a deciding
criterion, but not age.
Employers can provide employees incentives to voluntarily take early retirement, but not
require early retirement.
DISABILITY DISCRIMINATION ISSUES
Approximately 50 million Americans have a physical or mental disability, of which 55
percent are employed.
Historically, citizens with physical and mental disabilities had been discriminated against
in areas such as employment, housing, and education.
Congress passed the Americans with Disabilities Act of 1990 (ADA) to prohibit
discrimination against a qualified worker with a disability who can perform the job task
with, or without, reasonable accommodation.
The legislation defines a disability as “a physical or mental impairment that substantially
limits one or more major life activities of such individual.” Examples include
impairments associated with seeing, hearing, walking, standing, speaking, learning, and
breathing.
The ADA requires employers to provide reasonable accommodations for the disability,
such as modifying a job assignment, work schedule, facilities, and equipment.
According to the ADA, factors that an employer can take into account to determine the
reasonableness of an accommodation are:
oThe nature and cost of the accommodation
oThe overall size and financial resources of the facility or business
oThe impact of the accommodation on business operations
Alcoholism is a disability under the ADA.
oAn employer cannot discipline or fire an individual because he or she is an
alcoholic.
oThe employer, however, can prohibit alcohol consumption during work hours for
all employees, including alcoholics, and discipline or fire an employee for
productivity or performance-related factors.
SEXUAL ORIENTATION DISCRIMINATION ISSUES