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

Quizplus · Accepted Answer

BThe employer must prove that the mandatory retirement age is a Bona Fide Occupational Qualification (BFOQ) for the job, which is essential for the operation of the business or for the performance of the job tasks. Additionally, the employer needs to show that this policy has been consistently enforced across all employees to avoid claims of age discrimination.

Sam Was a 55-Year-Old Bus Driver with a Travel Agency