Deck 9: Discrimination Based on Age

Question 1

Under the Age Discrimination in Employment Act (ADEA), a waiver does not affect an employee's right to contact the Equal Employment Opportunity Commission to pursue a claim.

Answer 1

True

Question 2

The Age Discrimination in Employment Act (ADEA)recognizes that age maybe a bona fide occupational qualification for some jobs.

Answer 2

True

Question 3

The Age Discrimination in Employment Act (ADEA)does not include labor unions and employment agencies.

Answer 3

False

Question 4

Complaints must be filed within 180 days of alleged ADEA violations with the Equal Employment Opportunity Commission.

Question 5

According to General Dynamics Land Systems, Inc. v. Cline , an employer that eliminated health insurance for workers under fifty but continued health insurance for the employees over fifty was held not to have violated the Age Discrimination in Employment Act (ADEA).

Question 6

In Kimel v. Florida Board of Regent, the Supreme Court held that the Eleventh Amendment of the U.S. Constitution provides:

A)state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act.
B)individuals immunity from suits by private employers.
C)federal governments with immunity from suits by state government.
D)all seniority systems and benefit plans "shall require the involuntary retirement of individuals."

Question 7

American workers of U.S. firms employed in foreign countries are covered under the Age Discrimination in Employment Act.

Question 8

Even if voluntary retirement is truly voluntary, it is prohibited under the Age Discrimination in Employment Act (ADEA).

Question 9

Mandatory retirements of executive employees who are over the age of sixty-five are prohibited under Section 631(c)of the Age Discrimination in Employment Act (ADEA).

Question 10

Employers who are covered under the Age Discrimination in Employment Act (ADEA)should employ at least:

A)five employees.
B)twelve employees.
C)fifteen employees.
D)twenty employees.

Question 11

Age Discrimination in Employment Act prohibits discrimination against employees aged forty and older.

Question 12

In Gross v. FBL Financial Services, Inc ., the Supreme Court held that the language of the Age Discrimination in Employment Act (ADEA)does not allow for:

A)waivers.
B)prima facie cases.
C)"mixed motive" cases.
D)bona fide occupational qualification.

Question 13

The Equal Employment Opportunity Commission administers and enforces the Age Discrimination in Employment Act (ADEA).

Question 14

A plaintiff who alleges violation under the Age Discrimination in Employment Act (ADEA)must establish:

A)directed verdict.
B)privacy of contract.
C)a prima facie case.
D)a suo moto case.

Question 15

One defense under the ADEA, added in 1990, provides that an American employer who employs U.S. citizens abroad is excused from complying with the ADEA if such compliance would violate the law of the host country.

Question 16

Private individuals alleging violation cannot file a suit against their employer under the Age Discrimination in Employment Act (ADEA).

Question 17

Retirement ages for firefighters and law enforcement officers are set by local and state government under Section 623(j)of the Age Discrimination in Employment Act (ADEA).

Question 18

A recruitment agency was hiring customer support executives. Rolin and Rhonda were both interviewed for the position, however 42-year-old Rolin was rejected despite his experience and educational credentials since the agency felt he was "too old and did not fit the young and perky image required of customer support executives". Twenty-three year old Rhonda was selected, though she lacked experience and relevant education. In this instance, the recruitment agency has clearly violated the:

A)Fair Labor Standard Act.
B)Age Discrimination in Employment Act.
C)National Labor Relations Act.
D)Equal Pay Act.

Question 19

The denial of a promotion to any worker over the age of thirty-five is a violation under the Age Discrimination in Employment Act (ADEA).

Question 20

The Age Discrimination in Employment Act (ADEA)prohibits discrimination against employees over what age?

A)30
B)40
C)55
D)60

Question 21

The Age Discrimination in Employment Act (ADEA)is enforced and administered by:

A)Equal Employment Opportunity Commission.
B)National Rural Employment Commission.
C)National Industrial Relation Association.
D)Young Men of America Association.

Question 22

The court case Mount Lemmon Fire Dist. v. Guido dealt primarily with which of the following:

A)Immunity under the ADEA.
B)The ADEA's numerosity specification.
C)The Fair Equity Management Act.
D)None of these answers.

Question 23

The Age Discrimination in Employment Act (ADEA)allows mandatory retirement under some circumstances, such as with executive employees who are over the age of:

A)50.
B)55.
C)65.
D)70.

Question 24

Sam was a 55-year-old bus driver with a travel agency, and he had worked with the agency for over 15 years. One morning, his employer told him that he should consider retirement because he was "of a certain age" and it would be best for the safety of the passengers that he be replaced by someone younger. He also insisted that retirement was mandatory for any bus driver over the age of 50 per the company's policy. In this case, his employer needs to:

A)prove that mandatory age of retirement of employees is a Bona Fide Occupational Qualification for the job of a bus driver.
B)show proof that the company has consistently enforced mandatory retirement for all employees over the age of 50.
C)provide a 60-day notification and retirement benefits.
D)provide a written notification, pension and healthcare benefits.

Question 25

Steven, an employee with a newspaper company in New York, was not getting a promotion because he was over 55 years of age. He was also not getting increments in comparison to employees who were thirty years and below. He filed complaint with local EEO agency but they ruled out the discrimination. Now he can file suit directly in:

A)federal court.
B)court of appeals.
C)district court.
D)bankruptcy courts.

Question 26

In Western Air Lines v. Criswell, Western claimed the mandatory retirement age for flight engineers was:

A)a Bona Fide Occupational Qualification.
B)based on customer preference.
C)enforceable by company policy.
D)just prior to his or her 50^th birthday.

Question 27

All of the following are direct impacts of the Age Discrimination in Employment Act (ADEA)except :

A)applies to employers, labor unions, and employment agencies.
B)prohibits the voluntary retirement of employees.
C)provide for some limited exceptions.
D)recognizes that age may be a bona fide occupational qualification (BFOQ).

Question 28

The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within:

A)60 days.
B)180 days.
C)190 days.
D)300 days.

Question 29

In O'Connor v. Consolidated Coin Caterers Corp ., the court of appeal held that:

A)whether the replacement was over or under 40 years of age was irrelevant.
B)the ADEA does not provide for disparate impact cases against older officers.
C)the ADEA did not require the employer to demonstrate any intention to discriminate.
D)None of the above.

Question 30

In Astoria Federal Savings & Loan v. Solimino , if the state or local EEO agency has ruled that the employee was not the victim of age discrimination; an individual can file an age discrimination suit in:

A)circuit court.
B)court of appeals.
C)federal court.
D)district court.

Question 31

Examples of violations of the Age Discrimination in Employment Act (ADEA)do not include:

A)mandatory retirement of workers over age of 55.
B)denial of promotion of a worker age of 50.
C)denial of promotion of a worker age of 55.
D)transfer of a worker age of 30 and under.

Question 32

In Oubre v. Entergy Operations, Inc , both sides conceded the release the employee signed did not comply with the requirements of the:

A)The Older Workers Benefit Protection Act.
B)Americans with Disability Act.
C)Health Insurance Portability and Accountability Act.
D)National Labor Relation Act.

Question 33

If early retirement and waiver are offered to a class of employees, the employer must provide employees with:

A)additional time to submit all the paperwork.
B)monetary grants.
C)legal documents and access to an attorney.
D)the factors to determine eligibility for early retirement.

Question 34

In McKennon v. Nashville Banner Publishing Co , the employer argued that an employee's after-acquired evidence precluded the right of plaintiff to:

A)work in a new company.
B)sue under the Age Discrimination in Employment Act.
C)get monetary dues from employer.
D)get back the documents.

Question 35

In _____ , the plaintiff claimed that the pay raise policy had a disparate impact against the older officers.  The trial court dismissed the suit, and the U.S. Court of Appeals affirmed the dismissal.

A)Mastie v. Great Lakes Steel Co.
B)Hazen Paper Co. v. Biggins
C)Smith v. City of Jackson, Mississippi
D)Griggs v. Duke Power Co.

Question 36

When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in Employment Act (ADEA)provides some specific exemptions, such as:

A)action pursuant to monetary benefits.
B)employers' right to use their discretion in firing or hiring employees.
C)immunity from suits by private individual.
D)actions pursuant to a bona fide seniority system.

Question 37

Fifty-nine year old Linda has worked at a Texas-based manufacturing plant for over 30 years. Her employer offered all workers 55 years of age and over an opportunity to go on early voluntary retirement with good incentives and a bonus plan. Linda felt this would allow her to spend more time with her family and she accepted the offer. In this case, did the employer violate the Age Discrimination in Employment Act?

A)Yes, because an employer suggesting early voluntary retirement violates Age Discrimination in Employment Act.
B)Yes, because the employer bribed the workers to retire early.
C)No, because the Age Discrimination in Employment Act does not prohibit voluntary retirement as long as it is truly voluntary .
D)The information provided is not sufficient to establish violation of the Age Discrimination in Employment Act.

Question 38

Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. The working conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while performing his job. Due to the key responsibilities associated with Nicolas' role, the employer asked him to step down from his position to be replaced by his thirty-eight year old team member. In this case, the employer has the burden to prove that removal of Nicolas is:

A)in favor of company.
B)based upon company policy.
C)a reasonable factor other than age.
D)lawful at the discretion of the organization.

Question 39

Fifty-five year old Mark has worked with an organization for 20 years and was looking forward to his impending promotion. During his annual appraisal, his supervisor stated that he had "put in enough time" and suggested he step down from his post since most executive employees retired at the age fifty five. In this instance, Mark does not need to resign since:

A)he is physically fit to work.
B)under Age Discrimination in Employment Act mandatory retirement of such executives prior to sixty-five is still prohibited.
C)retirement will violate Americans with Disabilities Act.
D)it is mandatory for his organization to hand him the promotion considering his age and level of experience.

Question 40

If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____ to consider the waiver.

A)forty-five days
B)seven days
C)ten days
D)twenty-one days

Question 41

Eddy worked with a glass manufacturing company and he was laid off from the firm due to his age. He filed suit under the Age Discrimination in Employment Act.  After his removal, the employer provided evidence that proved Eddy had accessed and copied confidential documents prior to his discharge, and that the tampering of documents could preclude the right of the plaintiff to sue under the Age Discrimination in Employment Act. The court would most likely state that:

A)after acquired documents have no significance in this kind of case.
B)the employer violated the Age Discrimination in Employment Act and the plaintiff is not guilty of tampering with documents.
C)the case was in favor of the employer and precluded the rights of plaintiff to sue against employer.
D)the after-acquired evidence does not preclude the plaintiff's suit but rather goes to the issue of what remedies are available.

Question 42

The Age Discrimination in Employment Act provides for suits by the responsible government agency against non-federal employees. In this instance:

A)the EEOC must attempt to settle the complaint voluntarily before filing suit.
B)the time limitation for the required conciliation effort is sixty days.
C)the 1991 amendments to the ADEA enforced the previous time limits spelled out for suits by the EEOC.
D)at present, the courts are split on the question of when the EEOC suit must be filed.

Question 43

How is the Age Discrimination in Employment Act enforced and administered?

Question 44

What are the provisions of the Age Discrimination in Employment Act?

Question 45

In Gilmer v. Interstate/Johnson Lane Corp the Supreme Court held that the securities broker should not litigate and is required to:

A)abide by the agreement.
B)submit his letter of resignation.
C)arbitrate.
D)award back pay.

Question 46

Carl had worked as a ground staff for Ramset airlines for five years when his employer refused to complete his annual appraisal because Carl was over fifty years of age. He filed suit, alleging violation under Age Discrimination in Employment Act. The court decided in favor of Carl and also ordered for remedies such as:

A)back pay.
B)liquidated damages and legal fees.
C)increment of salary.
D)reinstatement.

Question 47

Robert is a sixty-year old sales manager at a local car dealership. Due to the state of the economy, the dealership had to undergo restructuring which resulted in the elimination of Robert's position. The duties he performed were transferred to Gaines who was 42-years old. However, Robert felt that the actual reason for eliminating his position was his age, which was against the arbitration clause in his employment agreement. To provide his case, Robert has to:

A)garner support from his colleagues.
B)establish a prima facie case alleging violation.
C)arbitrate with the employer.
D)ask for higher compensation.

Question 48

What is the procedure by which a federal employee can file the complaint of alleged violation under ADEA?

Question 49

What are the exemptions and defenses available for employers when a plaintiff establishes a prima facie case of age discrimination?

Question 50

When is arbitration for ADEA claims enforced?

Question 51

What information should employers provide employees in case of a waiver of claims?

Question 52

What is meant by "reasonable factors other than age"? Give an example of how this might help employers?

Question 53

In Equal Employment Opportunity Commission v. Tire Kingdom , courts have held that there is no specific statute of limitations on:

A)private individuals suit.
B)filing a prima facie case against federal government.
C)Age Discrimination in Employment Act suits filed by Equal Employment Opportunity Commission.
D)Americans with Disability act suits filed by federal government.

Question 54

Provide examples of violations of the Age Discrimination in Employment Act.

Question 55

What is meant by "age discrimination in employment" and under which act is it prohibited?

Question 56

Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as remedies are subjected to:

A)wealth tax.
B)gift tax.
C)income tax.
D)property tax.

Question 57

What are the procedures to file a complaint for an alleged violation under  the  Age Discrimination in Employment Act?

Question 58

What are the remedies available for plaintiffs under the Age Discrimination in Employment Act?

Question 59

Who is covered under the Age Discrimination in Employment Act?

Question 60

What is a bona fide seniority or benefit plan? What is its significance?