COB 218 Lecture Notes - Lecture 20: Civil Rights Act Of 1964, Protected Group, Fide

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3 Apr 2017
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Employment discrimination lecture 20: discrimination based on disability, americans with disability act (ada) Prohibits disability-based discrimination in workplaces with 15+ workers. Procedures under the ada: has a disability. Being regarded as having such an impairment: discrimination based on disability. Former drug addiction is a disability under the ada: health-insurance plans, defenses to employment discrimination. Lack of motive: after-acquired evidence of employee misconduct, defenses to employment discrimination. Business necessity: a defense to alleged employment discrimination in which the employer demonstrates that an employment practice that discriminates against members of a protected class is related to job performance, defenses to employment discrimination. Identifiable characteristics reasonably necessary to the normal operation of a particular business. Characteristics can include gender, national origin, and religion, but not race: defenses to employment discrimination. Burden of proof shifts if plaintiff can show the employer was motivated by unlawful discrimination: defenses to employment discrimination, after-acquired evidence of employee misconduct.

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