1. Age Discrimination in Employment Act
Covers Employers with 20+ Employees
No Discrimination Based on Age > 40
No Mandatory Retirement Age
Disparate Impact Claims possible: Smith v. City of Jackson, 544 U.S. 228 (2005)
Employer may use “reasonable factor other than age”
Plaintiff has burden to prove factor unreasonable and not job-related
Defenses:
BFOQ
Executive Exemption
Bonafide Seniority or Benefit Plan -- Cost Justification
Factor Other Than Age
Police or Firefighter Retirement Age (at least 55)

2. Americans with Disabilities Act
Coverage : 15 or more employees
3 Part Definition of Disability
Reasonable Accommodation of Otherwise Qualified Persons with a Disability, unless Undue Hardship
Defenses:
Direct Threat to Health or Safety
Job Related Criteria
Food Handler Defense -- HHS List
Religious Entities

3. Rehabilitation Act 3 Part Definition of Disability
Protects Otherwise Qualified Individuals with a Disability
S 503: Federal Contractors (> $10K) subject to nondiscrimination obligation
S. 504: Activities receiving federal funding can’t discriminate against otherwise qualified individuals with a disability

4. NYS Human Rights Law Employers with 4+ Employees
Prohibitions Include Discrimination in Employment Based on:
Disability -- definition similar to ADA; includes duty to make reasonable accommodation
Genetic Characteristics
Age >18