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Federal Anti-Discrimination Laws: Kayte Clarke - Case Study Example

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In the paper “Federal Anti-Discrimination Laws: Kayte Clarke” the author discusses the case where Kayte Clarke can invoke any of the following federal laws against her employer: the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA)…
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Federal Anti-Discrimination Laws: Kayte Clarke
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Download file to see previous pages Moreover, ADEA requires that the employer must have at least 20 employees to bring the case within its ambit under s. 630(b). An act of employment discrimination may be proved either directly or indirectly. Indirect proof is conducted using the “pretext” method prescribed in the case of McDonnell Douglas Corp. v Green, 411 US 792 (1973). In that case, which involves discrimination under Title VII of the Civil Rights Act, the Court held that prima facie evidence from which it can be inferred that there was discrimination may be offered in lieu of direct proof. The employer is then given an opportunity to rebut it with contrary evidence, to which the plaintiff must counter-prove as a mere “pretext,” because the real reason was actually discrimination-based.
On the other hand, if Kayte is to bring a suit under the ADA, she must prove the threshold requirements of the law, which are: she has a disability within the ADA context; she is a qualified individual under ADA, and; she has suffered an adverse employment action because of such disability (Huber 267). Section 12102(1) of Title 42 of the USC (known as ADA) defines disability as: physical or mental impairment significant enough to interfere with major life activities; is recorded, and; seen or regarded by others as such.
Legal blindness is defined by the American Medical Association as an eye condition in which a person can see. ...Download file to see next pagesRead More
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