BLAW 2301 Lecture Notes - Lecture 25: Fide, Problem Gambling, Genetic Testing
Document Summary
Employer may not fire, refuse to hire or fail to promote a women because she is pregnant or because of abortion decisions. Cannot create a hostile work environment towards a pregnant woman. Treat pregnancy and childbirth as a temporary disability. Employer with 20 or more workers may not fire, not hire or fail to promote or demote because he is 40 or older. Cannot require to retire at a certain age except: airline pilots, police officers, top-level corporate executives. Plaintiff must show but for his age, the employer would not have taken the action he did. Replaced by a younger worker: employer must prove decision was based on nondiscriminatory actions o. Plaintiff must show the employer"s reasons are a pretest and intentionally discriminated. Plaintiffs must present prima facie that employment excludes a disproportionate number of people 40 and older: employer wins if it can show that if decision was based on a reasonable factor other than age.
