Age Discrimination in Employment Act

Examples of Age Discrimination

-Excluding older workers from important work activities. -Denying older employees job-related education, career development, or promotional opportunities. -Pressuring older employees into retirement -Terminating older employees through downsizing because of their age

Age Discrimination and State Law

Connecticut law prohibits Age Discrimination. C.G.S. § 46a-60 Narrow exceptions for: -top executives with immediate retirement benefit over $44,000 -Observing a bona fide seniority system -Police work and firefighting (BFOQ exception) Connecticut state law does NOT have an age limitation In other words, no over 40 requirement to receive protection from age discrimination protection Common in New England states...

Duty to Accomodate

ER - reasonable accommodations for disabled individuals to perform job's "essential functions" Limit - Does the accommodation places an 'undue burden' on the operations of the employer?

Age Discrimination in Employment Act

Prohibits discrimination in employment on the basis of age Applies to individuals who are at least 40 years old No upper age limit If fired and replaced EE are both above 40, fired EE can still recover under ADEA -EX: 65 year old replaced with 50 year old If fired EE is younger than replaced EE, cannot recover under ADEA -EX: 52 year old replaced with 71 year old

Disability Discrimination Exceptions

The ADA does not cover: -Homosexuality or bisexuality -Gambling, kleptomania, or pyromania -Current illegal use of drugs -Infectious or communicable diseases of public health significance (applied to food-handling jobs only and excluding AIDS)

Disability Discrimination

The Americans With Disabilities Act defines a disability as: -A physical or mental impairment that substantially limits one or more of the major life activities. -A record of such impairment. -Being regarded as having such an impairment.