• Law
College

True or False?

Bill fires Ted because Ted is experiencing a lot of health-related issues. Bill suspects it is because Ted is getting older. In fact, Ted can simply no longer carry the large volume of packages in the warehouse as he had for years. Carrying the packages is an essential job function and there is no reasonable accommodation available. According to the ADEA, Bill can terminate Ted.

Answer :

True. According to the ADEA, Bill can terminate Ted if Ted can no longer perform the essential job functions and no reasonable accommodation is available.

The Age Discrimination in Employment Act (ADEA) protects employees and job applicants who are 40 years of age or older from discrimination based on age. However, the ADEA does not provide absolute job protection for older workers if they are unable to perform their job duties.

In this case, Ted's inability to carry a large volume of packages, which is an essential function of his job in the warehouse, means that he is no longer qualified for his position. The employer is required to consider whether a reasonable accommodation can be made to allow Ted to continue performing his job. However, if no reasonable accommodation is available or if the accommodation would impose an undue hardship on the operation of the business, the employer is not obligated to keep Ted in the position.

Given that carrying packages is essential to Ted's role and no accommodation can be reasonably made, Bill is within his legal rights under the ADEA to terminate Ted's employment. This is because the law allows for termination when an employee cannot perform the essential functions of their job, even if the inability to perform is related to age or health issues that arise with age.