Question 1

In the United States,the mandatory retirement age is age 65.This is because older workers tire easily,don't understand technology,and cannot keep up with younger employees.

Accepted Answer

Under most circumstances, employees are not required to retire at age 65 in the United States. The following are mere myths about older employees: As workers, they: Are not hard workers; Will get tired more easily than younger workers; Are less able to perform than younger workers; Do not understand technology; Do not want to travel too much and are generally more stubborn and uninterested in learning; Make too much money since it often is based on seniority and not performance; Are just marking time before they can retire.

Question 2

To establish a prima facie case of discrimination under the ADEA,an employee must be able to show that they are a member of the protected class.This is a simple showing that he or she is at least age 40.

Accepted Answer

To satisfy the first requirement of the prima facie case, the employee must merely show that she or he is 40 years old or older.

Question 3

The Age Discrimination in Employment Act (ADEA)covers employees between the ages of 40 and 85.

Accepted Answer

On its effective date, the ADEA covered employees between the ages of 40 and 65. The upper limit was extended to 70 in 1978 and later removed completely. There is no longer an upper age limit, in recognition that an 80-plus-year-old may be just as qualified for a position as a 30-year-old and should have the opportunity to prove her or his qualifications and to obtain or retain employment based on them.

Question 4

Carrie,aged 59,is employed as a makeup artist with a local department store.The company hires a new manager,Roger.Roger fires Carrie and gives her job to Kellie,aged 42.Under the Age Discrimination in Employment Act,Carrie:

Accepted Answer

Under the Age Discrimination in Employment Act, Carrie has a valid claim for age discrimination even though her replacement is a member of the protected class. The Supreme Court has held, in O'Connor v. Consolidated Coin Caterers, that a plaintiff can state an age discrimination claim as long as she or he is replaced by someone younger, even if the replacement is 40 years old or older.

Question 5

ADEA has strict recordkeeping requirements for employees and applicants.

Accepted Answer

To ensure that appropriate and adequate information exists as to hiring practices in connection with age, the Act has specific record-keeping provisions for employers. Employers are required to maintain specific information for three years for each employee and applicant.

Question 6

In states that have not waived sovereign immunity,state employees are barred from suing their employers under ADEA.

Accepted Answer

Another restriction on the ADEA's protection came from the U.S. Supreme Court's 2000 decision in Kimel v. Florida Board of Regents. In Kimel, state employees alleged that their state employers had discriminated against them on the basis of age in violation of the ADEA. Under the U.S. Constitution's Eleventh Amendment, states cannot be sued by citizens of another state. Federal courts have interpreted the Eleventh Amendment to extend immunity to states not consenting to being sued by their citizens. The U.S. Supreme Court determined that while Congress intended to allow state employees to sue their state employers under the ADEA, this attempt exceeded congressional authority. Therefore, in almost half the states, specifically those that have not waived sovereign immunity, state employees are not able to sue their state employers under the ADEA.

Question 7

An individual suing their employer under the ADEA may be entitled to pain and suffering or emotional distress in addition to back pay and other money damages.

Accepted Answer

Compensation for pain and suffering or emotional distress is not available under the ADEA.

Question 8

Which of the following is a form of equitable relief?

Accepted Answer

Forms of equitable relief include reinstatement, promotions, and injunctions. The court may award a variety of remedies to a successful plaintiff in an age discrimination action. However, where money damages such as back pay or front pay are ascertainable and adequately compensate an employee for damages incurred, the court may not grant other equitable relief.

Question 9

An employee who believes that he has been discriminated against on the basis of age may follow the internal grievance procedures established by his employer to resolve the matter.

Accepted Answer

An employee who believes that his or her employer has engaged in age discrimination has several options to try to correct the wrong. The option most often used is to file a complaint with the employer, using the employer's internal grievance procedures. Some companies have extensive internal grievance procedures, which may involve arbitration or some other type of mediation, though some employers do not have these procedures.

Question 10

If an employee-plaintiff proves that the employer-defendant willfully violated the Age Discrimination in Employment Act (ADEA),then the court is also allowed to award liquidated damages:

Accepted Answer

If an employee-plaintiff proves that the employer-defendant "willfully violated" the Age Discrimination in Employment Act (ADEA), then the court is also allowed to award liquidated damages in an amount equal to unpaid wage liability. Compensation for pain and suffering or emotional distress is not available under the ADEA.

Question 11

State law age discrimination claims can apply to those age 35 and older.

Accepted Answer

Age discrimination only applies to those 40 and older. No state is permitted to extend the protection to someone younger than 40.

Question 12

There are two types of discrimination under the ADEA: disparate treatment and disparate action.

Accepted Answer

Two types of discrimination exist under the ADEA: disparate treatment and disparate impact. Disparate treatment occurs when the discrimination is directed at the employee, to the exclusion of other employees. The employee is treated differently from other employees because of age. The employee does not have to be the only one affected; but the action must be directed at that employee. Choosing not to hire the employee because of her or his age is one example. Disparate treatment, on the other hand, involves actions that are not directed at the employee because of her or his age but that have an unfair impact on older workers.

Question 13

The ADEA permits younger employees to pursue a kind of "reverse-discrimination" lawsuit,alleging that they were discriminated against in favor of an older worker.

Accepted Answer

An individual under 40 cannot file a claim under the ADEA based on the claim that she was discriminated against because of her youth. However, certain state laws or precedents allow for what might be considered a youth's "reverse-discrimination" claim under state age discrimination statutes. One New Jersey man who claimed he was fired from a bank vice president position because of his young age (25) was allowed to proceed in court in that state. In direct response to the Cline case, the EEOC modified its regulations to remove language that prohibited discrimination against younger workers, opening the doors to what some consider affirmative action in favor of an older generation.

Question 14

An employer can use a valid waiver as a defense to an ADEA claim.

Accepted Answer

Where a waiver is valid under the ADEA/OWBPA, the employer can use it as an affirmative defense to an ADEA claim. The burden, however, is on the employer to prove validity.

Question 15

When a claim is pretextual,it means that it is the true reason for an action,that there is no underlying motivation.

Accepted Answer

When a claim is pretextual, it means that it is not the true reason for an action, that there is some underlying motivation to which an employer has not admitted. To prove that the offered reason is pretext for an actual case of age discrimination, an employee need not show that age was the only factor motivating the employment decision, but only that age was a determining factor.

Question 16

Benny is 57 years old and is employed by the state as a school bus driver.He has an exemplary record,with no accidents in the past 27 years.Tom,aged 31,replaces Benny.Benny intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA)with the Equal Employment Opportunity Commission.If Benny lives in a state that has not waived sovereign immunity,which of the following statements is most likely to be true?

Accepted Answer

In this case, Benny cannot file a claim for age discrimination under the Age Discrimination in Employment Act because he is a state employee. In almost half the states, specifically those that have not waived sovereign immunity, state employees are not able to sue their state employers under the Age Discrimination in Employment Act. As Benny lives in a state that has not waived sovereign immunity, he cannot sue his state.

Question 17

The ADEA requires employers to maintain information about employees,both temporary and regular,for a period of one year.This information includes all of the following except:

Accepted Answer

Employers are required to maintain the following information for one year for each employee and for both regular and temporary workers:
• Job applications, résumés, or other employment inquiries in answer to ads or notices, plus records about failure or refusal to hire
• Records on promotion, demotion, transfer, selection for training, layoff, recall, or discharge of any employee
• Job orders given to agencies or unions for recruiting personnel for job openings
• Test papers
• Results of physical exams that are considered in connection with any personnel action
• Ads or notices relating to job openings, promotions, training programs, or opportunities for overtime

Question 18

The Age Discrimination in Employment Act only protects those employees from discrimination who are age ________ or over.

Accepted Answer

The Age Discrimination in Employment Act only protects employees age 40 or over from discrimination. Unlike Title VII of the Civil Rights Act of 1964, there is no protection from reverse discrimination.

Question 19

Carlton,who is 22 years old,is employed as a security officer at My-T Security Corp.,which is a private firm.The manager of My-T Security intends to retain employees who are older as he feels that they are likely to perform better.He fires Carlton and replaces him with Sandy,who is 54 years old.Which of the following statements is most likely to be true in this case?

Accepted Answer

In this case, Carlton cannot file an age discrimination suit against My-T Security Corp. as reverse discrimination is not covered under the Age Discrimination in Employment Act. The Age Discrimination in Employment Act only protects employees over 40 from discrimination. Unlike Title VII of the Civil Rights Act of 1964, there is no protection from reverse discrimination.

Question 20

Which of the following statements is true of the Age Discrimination in Employment Act?

Accepted Answer

Unlike Title VII of the Civil Rights Act of 1964, there is no protection from reverse discrimination in the Age Discrimination in Employment Act (ADEA). The ADEA only protects employees over 40 from discrimination.

Quiz 12: Age Discrimination