62 Human Resources Management for Public and Nonprofi t Organizations
person in the protected class lost out to another person in the protected
class is thus irrelevant, so long as he has lost out because of age. ”
In 2000, the Supreme Court ruled in Kimmel v. Florida Board of Regents
that the Eleventh Amendment to the U.S. Constitution bars state employees
from suing a state employer in federal court for violation of the ADEA.
This ruling does not apply to local government employees or employees
working for nonprofi t agencies.
The U.S. Supreme Court decision Smith v. City of Jackson (2005) held
that evidence of an employment practice that is neutral on its face but has
a disparate impact on older workers could be used in establishing a prima
facie case of age discrimination. Defense of an ADEA claim involves
showing that factors other than age were determining considerations.
On June 19, 2008, the U.S. Supreme Court ruled in Meacham v. Knolls
Atomic Power Laboratory (2008) the employer has the burden of proof in
proving that a layoff or other action that adversely impacts older workers
more than others was from “ reasonable factors other than age. ”American with Disabilities Act of 1990
In 1990, Congress passed the Americans with Disabilities Act (ADA).
Title I of the ADA provides that qualifi ed individuals with disabilities
may not be discriminated against on the basis of disability in all
aspects of the employment relationship, from the application stage through
retirement. The law took effect on July 26, 1992, for organizations of
twenty - fi ve or more employees and on July 26, 1994, for organizations
with fi fteen to twenty - four employees. Employment practices covered by
ADA include job application procedures, hiring, fi ring, advancement,
compensation, training, and other terms and conditions and privileges
of employment.
The ADA recognized the following categories of disabilities:Individuals with a physical or mental impairment that substantially
limits one or more major life activities, for example, walking, see-
ing, hearing, or speaking. Examples of other physical and or mental
impairments that might be considered disabilities are speech
impediments, learning disabilities, AIDS, mental retardation, chronic
mental illness, and epilepsy. To qualify as disabled and be protected
by the ADA, a person must have substantial limitations on abilities
that are “ central to daily life, ” and not only to life in the workplace
( Toyota Motor Manufacturing Inc. v. Williams , 2002).