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Ekin33351 - ADA Designed to protect persons with...

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ADA Designed to protect persons with disabilities from workplace discrimination Must have 15+ employees that work for 20+ weeks Ok to not allow someone to participate if it is a threat to their safety (Knap Applies to those receiving federal funds and extended to private sector Protects them from being discriminated against: o Employment o Public services of transportation o Public accommodations o Telecommunications Must make a reasonable accommodation unless it causes an undue hardship (too costly, will alter nature of the program) Disability: o Impairment limits major life activity o Record of having impairment o Being regarded as having impairment Otherwise Qualified: o Do not have to make accommodations to make an unqualified person qualified o Ex: individual not being able to pass the test=unqualified Reasonable Accommodation: o Making facilities readily accessible Equal Pay Act Prohibits wage discrimination based solely on the SEX of the employees who perform equal work and who have equal performance Wage discrimination must be based on the sex of the employee NOT the team members How to determine if jobs are equal: o Skill required o Effort o Responsibilities o Working conditions Okay to pay people differently, besides if jobs are dissimilar: o Seniority system: if coach has been there longer o Merit system: win more games, get paid more, cant be different for men’s and women’s side o Factors other than sex: years spent as a coach, areas of public relations, promotional activities, NOT someone’s child status Stanley vs. USC
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o Women’s basketball coach vs. men’s, she lost because she was less qualified, women’s basketball at college level is different than men’s Title IX Protects against gender discrimination All three must exist for title IX to be triggered 1. Gender Discrimination 2. Federal funding 3. Education program Does not apply to non-profit social organizations of one sex (girl scouts)
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