rights under american disability act amendment 2009

UPDATED: Jun 8, 2009

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rights under american disability act amendment 2009

how will this effect employees when employers can and do fire people at will,and use excuses to curtail the hours they work.this pertains to seniors.

Asked on June 8, 2009 under Employment Labor Law, Arizona


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The Americans With Disabilities Act (ADA) does not specifically protect older workers, although it often applies to them because of their medical, surgical and psychiatric conditions and histories.  The Age Discrimination in Employment Act of 1967 (ADEA) is the law against age-based discrimination.

In a typical employment discrimination case, under either statute, the employee or ex-employee has to show the basics of the discrimination, that people protected under the law were treated differently than others.  The employer can then try to show that the layoffs or firings were for legitimate reasons, and then the employee can try to show that the employer's reasons were just a "pretext" or fake excuse for discrimination.

Both of these laws are exceptions to the "at will" employment doctrine, and both laws also make it illegal to retaliate against an employee for complaining that their rights under these laws (or either of them) are being violated.

For an evaluation of the unique facts of your case, and reliable advice on what to do next, please see an employment discrimination lawyer in your area.  One place to look for attorneys is our website, http://attorneypages.com

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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