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Homework answers / question archive / Answer the following questions by Wednesday
Answer the following questions by Wednesday. Each question should be a separate post. Include the original question with your response.
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 violating 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?
4. Deaf and Mute Applicant: Pretend you are the HR Manager of a large retail department store. An individual who is deaf and mute applies for the position of retail salesperson in the Women's Apparel department. The applicant is equally qualified in terms of experience as the other applicants who have applied for the position. Will you hire the deaf and mute individual? Respond to the question by discussing essential and non-essential functions of a retail salesperson job.
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?
Yes. an employer can terminate older employees as a reduction in the workforce without violating the ADEA. The company avoids violation by not using age as the basis for determining who is included in the reduction of workforce and who was kept. If there is a clear difference in age between the individuals who were let go and the ones kept, there may be grounds for an ADEA complaint.
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?
The Rehabilitation Act of the ADEA defines a handicapped person as someone who has a physical or mental impairment that substantially limits one or more of their major life activities, has a record of such impairment, or is regarded as having such an impairment. A person must meet the requirements set forth in the definition to be entitled to protection under the Rehabilitation Act as it relates to employment. A person can still be handicapped but be suitable for a job. This person is listed as an otherwise qualified individual. An otherwise qualified individual is one who can perform the essential functions of a job even with their handicap or disability. Those who are perceived as having a handicap or who have recovered are only covered if they fall under the definitions of a handicapped person at that time.
