While federal courts vary greatly in their

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: while federal courts vary greatly in their interpretation of what constitutes substantially younger, many courts follow the general rule that the age difference must be at least 10 years in order to qualify as substantially younger in asserting an age discrimination claim 1. n.b., ADEA protects only older employees, and permits employers from discriminating against employees younger than age 40 in favor of employees 40 years or older
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c. state employees not covered by ADEA : U.S. Supreme Court ruled in Kimel v. Florida Board of Regents , 528 U.S. 62 (2000), that the Eleventh Amendment prohibits private parties from suing state employers for money damages for violations of ADEA (librarians and professors sued two Florida state universities for denying them salary increases and other benefits, because they were getting older and their successors could be hired at lower cost; the Florida universities successfully argued that as agencies of a sovereign state, they could not be sued without the state’s consent) 4. Americans with Disabilities Act (ADA) of 1990: ADA is designed to eliminate discriminatory employment practices that prevent otherwise qualified workers with disabilities from obtaining or continuing employment, being promoted, or obtaining benefits available to nondisabled employees, and requires employers to make reasonable accommodations for disabled employees in the workplace so long as the accommodations do not cause the employer to suffer an undue hardship a. statutory threshold : ADA covers all private sector employers with 15 or more employees b. disability defined : ADA defines a disability as “(1) a physical or mental impairment that substantially limits one or more of the major life activities of such individuals; (2) a record of such impairment; or (3) being regarded as having such an impairment” 1. examples of disabilities : deafness, blindness, autism, cancer, cerebral palsy, diabetes, epilepsy, heart disease, paraplegia, muscular dystrophy, major depression, alcoholism, AIDS, HIV, and morbid obesity “Classifying food allergies like celiac as disabilities could make restaurants more liable,” Associated Press, January 18, 2014 , accessed on March 25, 2014, at - article-1.1242534 . A legal settlement by Lesley University in Cambridge, Mass., over a lack of gluten-free food in its dining hall could pave the way for future cases brought by people with food allergies against places covered by the Americans With Disabilities Act. These include schools, restaurants and other businesses and institutions. Gluten-free frozen pizza is just one of hundreds of items at Gluten Free Trading Co. in Milwaukee. Schools, restaurants and anyone else serving food are more vulnerable to legal threats over food sensitivities after the Justice Department determined that severe food allergies can be classified as disabilities under federal law.
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  • Spring '09
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