Ch. 11: Employment Discrimination and Diversity – No. 8
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
Supervisors: Employers are generally liable for sexual
harassment by supervisors regardless of whether (1) the
Ch. 11: Employment Discrimination and Diversity – No. 9
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
AGE DISCRIMINATION
Age Discrimination in Employment Act (ADEA): Federal
law prohibiting
(1) employment discrimination on the basis of age against
persons 40 years of age and older, and
(2) mandatory retirement for non-managerial employees.
(3) discharged, denied employment, or denied promotion
under circumstances creating a reasonable inference of
discrimination (e.g., the position was filled by a person
younger than 40).
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
DISABILITY DISCRIMINATION
Americans with Disabilities Act (ADA): Federal law
relative or an associate with a disability,
(2) was otherwise qualified for the position from which she
was discharged or demoted, for which she was denied
employment, or to which she was denied promotion, and
(3) was discharged, denied employment, or denied
benefits are justified in order to (1) keep the benefits
plan financially sound, (2) keep benefits affordable for
employees without the excluded condition, or
(3) account for the risks and costs associated with a
particular condition.
Ch. 11: Employment Discrimination and Diversity – No. 11
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
DISABILITIES
The ADA defines a “disability” as
(1) a mental or physical impairment that substantially
limits one or more major life activities (e.g., breathing,
speaking, seeing),
not disabilities.
(2) a record of such impairment, or
(3) being regarded as having such an impairment.
The ADA does not require employers to hire or retain
employee based on her history of abuse or addiction.
Ch. 11: Employment Discrimination and Diversity – No. 12
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
REASONABLE ACCOMMODATION
installing wheelchair ramps,
establishing flexible working hours,
modifying job assignments,
employer.
Undue Hardship: An employer may not be required to
accommodate a particular employee’s or applicant’s
disability if doing so would cause the employer
Ch. 11: Employment Discrimination and Diversity – No. 13
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
DISCRIMINATION DEFENSES
is a prerequisite to acting as a lawyer, notwithstanding
that minorities are less likely to hold law degrees).
Bona Fide Occupational Qualification (“BOFQ”):
Identifiable characteristics – such as gender, national
in line for promotions, raises, and other benefits, and
those with the least seniority are the first to be laid off if
the work force must be reduced.
After-Acquired Evidence: Employers may limit their
Ch. 11: Employment Discrimination and Diversity – No. 14
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
AFFIRMATIVE ACTION
Affirmative Action: Hiring and promotion policies that give
special consideration to members of protected classes in an
effort to overcome present effects of past discrimination.
(1) women and minorities have been historically
underrepresented, and
(2) the plan does not unnecessarily restrict the rights of
employees and applicants who are not eligible for
the program.
Amendment.
Ch. 11: Employment Discrimination and Diversity – No. 9
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
AGE DISCRIMINATION
Age Discrimination in Employment Act (ADEA): Federal
law prohibiting
(1) employment discrimination on the basis of age against
persons 40 years of age and older, and
(2) mandatory retirement for non-managerial employees.
(3) discharged, denied employment, or denied promotion
under circumstances creating a reasonable inference of
discrimination (e.g., the position was filled by a person
younger than 40).
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
DISABILITY DISCRIMINATION
Americans with Disabilities Act (ADA): Federal law
relative or an associate with a disability,
(2) was otherwise qualified for the position from which she
was discharged or demoted, for which she was denied
employment, or to which she was denied promotion, and
(3) was discharged, denied employment, or denied
benefits are justified in order to (1) keep the benefits
plan financially sound, (2) keep benefits affordable for
employees without the excluded condition, or
(3) account for the risks and costs associated with a
particular condition.
Ch. 11: Employment Discrimination and Diversity – No. 11
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
DISABILITIES
The ADA defines a “disability” as
(1) a mental or physical impairment that substantially
limits one or more major life activities (e.g., breathing,
speaking, seeing),
not disabilities.
(2) a record of such impairment, or
(3) being regarded as having such an impairment.
The ADA does not require employers to hire or retain
employee based on her history of abuse or addiction.
Ch. 11: Employment Discrimination and Diversity – No. 12
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
REASONABLE ACCOMMODATION
installing wheelchair ramps,
establishing flexible working hours,
modifying job assignments,
employer.
Undue Hardship: An employer may not be required to
accommodate a particular employee’s or applicant’s
disability if doing so would cause the employer
Ch. 11: Employment Discrimination and Diversity – No. 13
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
DISCRIMINATION DEFENSES
is a prerequisite to acting as a lawyer, notwithstanding
that minorities are less likely to hold law degrees).
Bona Fide Occupational Qualification (“BOFQ”):
Identifiable characteristics – such as gender, national
in line for promotions, raises, and other benefits, and
those with the least seniority are the first to be laid off if
the work force must be reduced.
After-Acquired Evidence: Employers may limit their
Ch. 11: Employment Discrimination and Diversity – No. 14
Clarkson et al.’s Business Law: Commercial Law for Accountants (1E)
AFFIRMATIVE ACTION
Affirmative Action: Hiring and promotion policies that give
special consideration to members of protected classes in an
effort to overcome present effects of past discrimination.
(1) women and minorities have been historically
underrepresented, and
(2) the plan does not unnecessarily restrict the rights of
employees and applicants who are not eligible for
the program.
Amendment.