Look at attach document. Read Pages 406-441)Assignment
Conduct your own search of the many resources available and answer each question listed based on applications and impacts in higher education environments. The length of responses should be based on what is needed to appropriately answer the questions.  Address each question in paragraph form.
What is a “bona fide occupational qualification” (BFOQ), and how does this term relate to employment law?
The Americans with Disabilities Act (ADA)
· What is the ADA?
· How do you determine whether somebody is “disabled” under the ADA?
· What is qualified person with a disability under the ADA?
· How is reasonable accommodation defined under the ADA?
· Are there any limitations to accommodation under the ADA?
· How is an undue hardship determined under the ADA?
· What actions by an employer may constitute discrimination under the ADA?
· Does an employer have the obligation under the ADA to ensure that the behavior of third parties toward the employer’s disabled employees is non-discriminatory?
· What are the rules governing pre-employment inquiries under the ADA?
· What is the ADA’s position regarding pre-employment medical examinations?
· Is pre-employment testing permissible under the ADA?
· Are there circumstances that permit an employer to inquire about the nature and severity of an applicant’s disability?
· Are alcoholics protected under the ADA?
· How is the ADA enforced?
· Have juries awarded substantial damages amounts in ADA cases?
· Can an employer be sued for either harassment or for retaliation under the ADA?
· Does the ADA allow individual owners and managers to be named as defendants and held personally liable?
· What is the ADA Amendments Act (ADAAA) and how has it modified the ADA?
· What is major life activity under the ADAAA?
· What are the applications and impacts of the ADA and ADAAA on colleges and universities?
The Age Discrimination in Employment Act (ADEA)
· What is the ADEA? and what is its application and impact on colleges and universities?
· Who is protected by the ADEA?
· Are involuntary retirement plans illegal under the ADEA?
· What is reverse discrimination and does the ADEA protect younger workers from reverse discrimination?
· How are age discrimination claims proved under ADEA?
· What is necessary to establish a prima facie age discrimination claim?
· What are the differences in how Title VII and ADEA are enforced?
· Can disparate impact cases be maintained under the ADEA?
· Can age be a BFOQ, exempt from illegal age discrimination under ADEA?
· Have there been any amendments to the ADEA?
· What are the applications and impacts of the ADEA on colleges and universities?Citation: 29 Mercer L. Rev. 677 1977-1978

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Equal Employment Opportunities:
Case Law Overviewt

By Walter B. Connolly*

Michael J. Connolly**

I. The Sources of Legal Protection of Equal Employment Op-
p ortu n ities ……………………………………. 6 79

A. The Civil Rights Act of 1866 …………………. 679
B. Title VII of the Civil Rights Act of 1964 ………… 680
C. The Federal Age Discrimination in Employment Act of

19 6 7 …………………………………….. 6 8 0
D . The Equal Pay Act …… ………………….. 680
E. Executive Orders 11246 & 11141: Nondiscrimination

Under Federal Government Contracts ………….. 681
F. The National Labor Relations Act …………….. 681
G. The Vocational Rehabilitation Act of 1973 ……… 681
H. The Vietnam Era Veterans Readjustment Act of 1974 682
I. State Fair Employment Practices Laws ………… 682

II. Employment Practices, Policies, and Plant Rules Affected by
the E EO Obligation ……………………………. 683

A. Advertising, Recruiting, Referral, Preemployment In-
quiries, and Hiring Standards ………………… 683
1. Advertising for Job Applicants …………… 683
2. Recruiting and Referral of Job Applicants ….. 686
3. Preemployment Inquiries ……………….. 688
4. H iring Standards ……………………… 691

a. Police Records-Arrests and Convictions … 691
b. High School or College Requirement ……. 691
c. Hiring Standards that Discriminate Against

Women-No Marriage Rules, Pregnancy,
C h ildren ………………………….. 692

t This is an extract from Walter B. Connolly, Jr.’s book, A PRACTcAL GUIDE TO EQUAL
1978 by Law Journal Press. Copyright 1978 Walter B. Connolly. Reprinted with permission.

* Partner in Pepper, Hamilton & Scheetz, Washington, D.C. Georgetown University and
University of Detroit (A.B., 1964); University of Southern California (J.D., 1966).

** Office of General Counsel, Labor, and Personnel Division, General Motors Corp. Regis
College (A.B., 1971); University of Mississippi (J.D., 1973); Wayne State University (L.L.M.,


d. Applicant’s Participation in Illegal Activities 692
e. Preference for Applicants who .ainstitutions defined in Title VII (41 C.F.R. § 60-1.5(a)(5)). While the regulations
contain a partial exemption for state and local government contractors, “edu-
cational institutions and medical facilities” are specifically excluded from this
exemption (41 C.F.R. § 60-1.5(a)(4)). The enforcing agency may hold compli-
ance reviews (41 C.F.R. § 60-1.20), receive and investigate complaints from
employees and applicants (41 C.F.R. §§ 60-1.21 to 60-1.24), and initiate admin-
istrative or judicial enforcement proceedings (41 C.F.R. § 60-1.26(a)(1)). It may
seek orders enjoining violations and providing other relief, as well as orders ter-
minating, canceling, or suspending contracts (41 C.F.R. § 60-1.26(b)(2)). The
enforcing agency may also seek to debar contractors from further contract
awards (41 C.F.R. § 60-1.27(b)).

The requirements of the Executive Orders are enforced by the Office of Fed-
eral Contract Compliance Programs (OFCCP), located within the U.S. Depart-
ment of Labor. The regulations require each federal contractor subject to the
Executive Orders to develop a written affirmative action program (AAP) for each
of its establishments. In November 2000, a provision was added at 41 C.F.R.
§ 60-2.1(d)(4) that permits federal contracts to develop AAPs organized by busi-
ness or functional unit rather than by geographical location. A procedural direc-
tive for determining whether a college or university is eligible to submit a
functional AAP can be found on the OFFCP Web site at http://www.dol.gov/esa.

The regulations interpreting the Executive Orders and explaining the
enforcement process were revised, and a final rule was published at 165 Fed.
Reg. No. 219 (November 13, 2000). The final rule can be accessed from the
OFFCP Web site.

The primary remedy for violation of the Executive Orders is cutoff of federal
funds and/or debarment from future contracts. Individuals alleging employment
discrimination by federal contractors have sought to file discrimination claims
in court, but have been rebuffed. For example, in Weise v. Syracuse University,
522 F.2d 397 (2d Cir. 1975), two women faculty members filed sex discrimina-
tion claims against the university under authority of the Executive Orders. Their
claims were dismissed; the court found no private right of action in the Execu-
tive Orders. Similar outcomes occurred in Braden v. University of Pittsburgh, 343
F. Supp. 836 (W.D. Pa. 1972), vacated on other grounds, 477 F.2d 1 (3d Cir.
1973), and Cap v. Lehigh University, 433 F. Supp. 1275 (E.D. Pa. 1977).17

Sec. 5.3. The Protected Classes

5.3.1. Race. As noted above, race discrimination claims may be brought
under Title VII (see Section 5.2.1 of this book), Section 1981 (Section 5.2.4), the
U.S. Constitution (Section 5.2.7), or federal Executive Orders (Section 5.2.8).
Race discrimination claims may also be brought under state nondiscrimination

406 Nondiscrimination and Affirmative Action in Employment

17Cases related to private rights of a

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