The burden of proof is on the plaintiff but if the employer has discriminated ag

Question

The burden of proof is on the plaintiff but if the employer has discriminated against the one recruited on the basis of sex, race, etc.; then the burden of proof shifts to the employer.

One cannot discriminate against those smoking off-duty in the District of Columbia, and, 30 of the states in United States.

Federal laws and regulations for drug-use at the workplace are The Civil Rights Act of 1964; The National Labour Relations Act of 1935; The Americans with Disabilities Act (ADA) of 1990; The Family and Medical Leave Act of 1993. Employers can test for drug-use and decide on consequences

On average employers pay more than 80% of the premium for an individual while for a family premium paid is more than 70 percent.

Explanation / Answer

Answer the following in short answer.

1. You feel like you have been discriminated against in the workplace and you file a complaint with the local EEOC office. You are given a right to sue letter and you then file in District Court. You are able to show a prima facie case of discrimination and then the employer defends the case by articulating a legitimate reason for the adverse action against you. What happens next under the McDonnell Douglas burden-shifting and what must you now prove? How can you do that?

3. Your employer offers health coverage to those employed full time. For those under the age of 40, the company covers 100% of the premium, for those between 40-49 75% of the premium, and those over 50 receive 50% of their premium paid. Is this lawful? Why or why not? What if the company offered corner offices with a view for those employees who had been at the company for more than 20 years?

4. Your employer tests all new employees for illicit drug use through urinalysis. Is this lawful? What if they also detected lawfully prescribed and used as directed medications? What if the medications showed that the individual was HIV positive? Could the employer make employment decisions based on this information?

5. What if the employer tested for nicotine and refused to hire anyone who smoked? Would this be lawful?

Related Questions

Navigate

• Browse (All)
• Browse T
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.