BCOR 3000 1nd Edition Lecture 23 Outline of Last Lecture I Brown vs Board II EEOC III Title VII IV Equal Pay Act V Constructive Discharge VI Sexual Harassment VII Hostile Environment VIII Age Discrimination Outline of Current Lecture I Disability II 2008 ADA Changes III Reasonable Accommodations IV Defenses for Employers V BFOQ VI Affirmative Actions Current Lecture Disability is the actual disability 1 Condition that affects major life function this is the original language These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute 2 NOW a physical or mental impairment that substantially limits one or more major life activities must be widely construed Disability to get pregnant precedent case of it not being a disability has been reversed and is now allowed to be a disability if you are of a certain age Insomnia TODAY is considered a disability 3 A record of having such a condition There is a record of someone having really bad insomnia Do not fire b c of that Now there is discrimination against someone without knowing if their disability still exists or not 4 Being regarded as having such a condition even if one does not actually have one 2008 ADA Changes Major life activities are listed non exhaustive Whether a condition is a disability or nor is determined before ant ameliorative effects are factored in except ordinary eyeglasses If w o a i e brace or medication there is a disability Having to wear eye glasses is not a visual disability Reasonable Accommodations Employer can be required to spend money to adapt a job Not required if would cause undue hardship Could be due to high cost Could be due to other difficulties in making the accommodation s BFOQ applies here as well If someone perhaps has to take cat naps it might be that the employer allows them to come in from 8am 9pm and can take naps instead of 8am 5pm if not hard to implement it can be allowed However for example if it was retail that would be harder to implement Bona Fide Occupation Qualification the need to be able required to do things can be used and allowed to make business decision when it comes to hiring Not based on condition of the person but rather on what the person can do based on the job i e Morbid Obesity is considered to be a disability if you are 2x your recommended weight If recovering from substance abuse cannot discriminate If using on the job cannot use it Defenses for Employers 1 Business Necessity 2 Merit past performance test results anything related to anything you can do for the job 3 Seniority fire those who are new hires promotions based on those who have been there longer 4 BFOQ Bona Fide there are qualifications for the job gender is a BFOQ Bona Fide occupational Qualification Allows discrimination if the category is legitimate qualification for employment Mainly used with gender and sometimes religion National origin Never can be applied to race or color however employers can get around it by saying you have to look like a certain person Exceptions to everything based on the particular type of job Have to look at the particular job service when deciding if it is a BFOQ Height weight gender skills requirements Example Case Guys apply to Hooter s girls is gender is BFOQ to wait tables at Hooter s Guys argument serving beer and wings Hooter s Case sexual fanaticizing EEOC settled the matter Affirmative Action unclear conflicting rulings Bakke intermediate scrutiny Adarand no strict scrutiny no quotas ends when probably is over Two 2003 Michigan schools cases 20 point adjustment illegal Considering race legal 2009 wrong to ignore test results to use affirmative action Can t ignore test results even if you want to achieve something else June 24 2013 Decision on Affirmative Action Sup Crt Remanded case Strict scrutiny with government Private comp