THE LAW: The Age Discrimination in Employment Act (ADEA) protects workers age 40 or older from discrimination because of their age. The ADA prohibits employers from discriminating against a qualified individual with a disability as long as the individual can perform the job’s essential functions with or without a reasonable accommodation.
In 2008, Congress expanded ADA coverage with the Americans with Disabilities Act Amendments Act that orders courts to interpret the definition of disabilities broadly.
WHAT’S NEW: What’s new is what’s old—specifically the American workforce. Many baby boomers are likely to forgo or delay retirement due to the demise of pensions and depleted cash-balance retirement plans.
Also, as boomers age, the probability is greater they will need a reasonable accommodation to cope with a disability.
The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) commissioned a study to ex...(register to read more)
- You don't have to accommodate bogus religious beliefs
- Even vague EEOC complaints can get a trial
- Required: Investigating all harassment complaints Not required: Providing a perfect workplace
- Where there's smoke ... can you fire (or refuse to hire)?
- Know your responsibilities under the EEOC's final GINA regs