Assignment 5-1

Assignment

Conduct your own search of the many resources available and answer each question listed based on applications and impacts in higher education environments. The length of responses should be based on what is needed to appropriately answer the questions.  Address each question in paragraph form.

What is a “bona fide occupational qualification” (BFOQ), and how does this term relate to employment law?

The Americans with Disabilities Act (ADA)

· What is the ADA?

· How do you determine whether somebody is “disabled” under the ADA?

· What is qualified person with a disability under the ADA?

· How is reasonable accommodation defined under the ADA?

· Are there any limitations to accommodation under the ADA?

· How is an undue hardship determined under the ADA?

· What actions by an employer may constitute discrimination under the ADA?

· Does an employer have the obligation under the ADA to ensure that the behavior of third parties toward the employer’s disabled employees is non-discriminatory?

· What are the rules governing pre-employment inquiries under the ADA?

· What is the ADA’s position regarding pre-employment medical examinations?

· Is pre-employment testing permissible under the ADA?

· Are there circumstances that permit an employer to inquire about the nature and severity of an applicant’s disability?

· Are alcoholics protected under the ADA?

· How is the ADA enforced?

· Have juries awarded substantial damages amounts in ADA cases?

· Can an employer be sued for either harassment or for retaliation under the ADA?

· Does the ADA allow individual owners and managers to be named as defendants and held personally liable?

· What is the ADA Amendments Act (ADAAA) and how has it modified the ADA?

· What is major life activity under the ADAAA?

· What are the applications and impacts of the ADA and ADAAA on colleges and universities?

 

The Age Discrimination in Employment Act (ADEA)

· What is the ADEA? and what is its application and impact on colleges and universities?

· Who is protected by the ADEA?

· Are involuntary retirement plans illegal under the ADEA?

· What is reverse discrimination and does the ADEA protect younger workers from reverse discrimination?

· How are age discrimination claims proved under ADEA?

· What is necessary to establish a prima facie age discrimination claim?

· What are the differences in how Title VII and ADEA are enforced?

· Can disparate impact cases be maintained under the ADEA?

· Can age be a BFOQ, exempt from illegal age discrimination under ADEA?

· Have there been any amendments to the ADEA?

· What are the applications and impacts of the ADEA on colleges and universities?