1. Can an employer terminate older employees as a reduction in the employer's workforce without violating the ADEA? If so, how can an employer avoid a violation of the ADEA in a layoff situation?
2. Is an individual who is perceived as having a disability, but in fact has recovered from the disability or is not disabled, covered by the ADA? Provide an example to support your answer.
3. Discuss 2 reasons why an employee might request FMLA for a disability. Review the three parts of the definition of a "disability" under the ADAAA. What, if any, relationship exists between FMLA and ADA? Explain.
4. Study the OWPBA. What is it? See the attached link that discusses a case of age discrimination where the employee won the case due to a faulty ADEA waiver. Discuss.
1. Can an employer terminate older employees as a reduction in the employer's workforce without violating the ADEA? If so, how can an employer avoid a violation of the ADEA in a layoff situation?
2. Is an individual who is perceived as having a disability, but in fact has recovered from the disability or is not disabled, covered by the ADA? Provide an example to support your answer.
3. Discuss 2 reasons why an employee might request FMLA for a disability. Review the three parts of the definition of a "disability" under the ADAAA. What, if any, relationship exists between FMLA and ADA? Explain.
4. Study the OWPBA. What is it? See the attached link that discusses a case of age discrimination where the employee won the case due to a faulty ADEA waiver. Discuss.
ANSWER-1) The Age Discrimination in Employment Act of 1967 (ADEA) as amended forbids discrimination against employees who are over the age of 40 years by employers, employment agencies, unions, and the federal government. However employer may terminate older employees as a reduction in the employer's workforce without violating the ADEA by not using age as the basis in determining who is included in the reduction of workforce and who was kept. In case company lay off majority people who are 40 or older, it can become a basis for an ADEA complaint or lawsuit, especially in a scenario when company has hired younger workers to take the places of workers over 40.
1. Can an employer terminate older employees as a reduction in the employer's workforce without violating...