Ms.Anderson is a 53-year-old American citizen working in New York for QMB,Inc.,a wholly owned subsidiary of QMB,GMBH,a German corporation.She applies for the position of Vice President of QMB,GMBH?a position based in Munich?and is denied the promotion on the basis of her age.How will a U.S.federal court treat Ms.Anderson's failure-to-promote claim under the ADEA?

Question

Quizplus · Accepted Answer

The ADEA applies only to U.S. citizens employed by U.S. corporations, or by foreign corporations operating in the United States. In this case, Ms. Anderson is working for QMB, Inc., a U.S. subsidiary of a German corporation, and she is applying for a position based in Munich. Therefore, her failure-to-promote claim would not be covered by the ADEA, and the court would likely dismiss the claim on the grounds that the ADEA does not cover employment decisions made by a foreign-run company outside the United States.

MsAnderson Is a 53-Year-Old American Citizen Working in New York