rights under american disability act amendment 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

Answers:

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

Answered 12 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


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