Aviation Law Questions Over Chapter Sixteen SP18.doc

Interviewer feels generally uncomfortable around the

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interviewer feels generally uncomfortable around the person and thinks that the pilots would, too. Can the airline lawfully give hiring preference to another qualified applicant who has no disability? Explain. Under the U.S. Disabled Person Act, employers are prohibited from discriminating against qualified disabled people. If a handicapped person is able to perform an essential function of the task, whether they have reasonable accommodation or not, the person is protected by the ADA. After all, this action prevents Airline from legally granting employment preferences to other non-disabled and qualified applicants. 6. A Midwestern manufacturer of civil aircraft is hiring janitorial workers to keep the plant clean. Most residents of the area are white and of European descent. The state gave the manufacturer tax breaks valued in millions of dollars to locate in the area, to bring in jobs to replace declining farming jobs. Many applicants for the jobs look and sound foreign to the interviewer and were born in Central and South American countries. a. Can the employer lawfully give preference to applicants who were born and raised in the local area over other qualified applicants who came from abroad? Why?
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An employer cannot lawfully give preference to applicants who were born and raised in the local area over other qualified applicants who came from abroad because of the Civil Rights Acts of 1964 because Equal Employment Opportunities Act prohibits employers from discriminating in employment based on the individual’s national origin. b. Is the employer allowed to require proof of identity and verify that persons hired are legally qualified to work in the U.S.? Why? Yes, employers can require identification certificates and verify that those employed by immigration reform and control laws are legally entitled to work in the United States. IRCA requires employers to verify and maintain records of new employees' identity and work qualifications. This record should be kept for three years after employment or for one year after termination.
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  • Fall '18
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