Deck 12: Age Discrimination

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.

Answer 1

False
Explanation: 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.

Answer 2

True
Explanation: 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.

Answer 3

False
Explanation: 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:

A) does not have a valid claim because Carrie's replacement must be at least 20 years younger than Carrie.
B) does not have a valid claim because the person who hired her is not the one who fired her.
C) has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act.
D) has a valid claim even though her replacement is a member of the protected class.

Question 5

ADEA has strict recordkeeping requirements for employees and applicants.

Question 6

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

Question 8

Which of the following is a form of equitable relief?

A) Back pay
B) Front pay
C) Liquidated damages
D) Reinstatement

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.

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:

A) which are the total of back pay, front pay, and any other unpaid wage liability owed to the employee-plaintiff.
B) which serve as compensation for pain and suffering.
C) in an amount that is equal to unpaid wage liability.
D) in an amount sufficient to prevent the wrongdoer from willfully violating the ADEA in the future.

Question 11

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

Question 12

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

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.

Question 14

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

Question 15

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

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?

A) Benny has a valid claim and can sue the state because he can establish all of the elements of a prima facie case.
B) Benny cannot file a claim for age discrimination under the ADEA because he is a state employee.
C) Benny is a state employee and must file his claim pursuant to the Older Workers' Benefit Protection Act.
D) Benny does not have a claim for age discrimination under the ADEA as he was replaced by an employee who is older than 30.

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:

A) Job applications, resumes and similar documents
B) posted notices concerning employee birthdays, work anniversaries, and other celebratory events
C) notices relating to opportunities for overtime or training programs
D) results of physical exams considered in personnel actions

Question 18

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

A) 40
B) 20
C) 60
D) 70

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?

A) Carlton will win an age discrimination suit under the ADEA against My-T Security as it is illegal to fire an employee on the basis of age.
B) Carlton cannot file an age discrimination suit against My-T Security as reverse discrimination is not covered under the ADEA.
C) Carlton will win an age discrimination suit under the ADEA against My-T Security as he is a member of the protected class.
D) Carlton cannot file an age discrimination suit against My-T Security under the ADEA as it is applicable only to federal employees.

Question 20

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

A) It is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.
B) It only allows employees to pursue a claim if an employer discriminated against all of its older workers.
C) It only protects employees over 60 from discrimination.
D) It does not provide protection from reverse discrimination.

Question 21

Charles,aged 63,was a manager at the Exotic Wood Corp.His supervisor,Dee,frequently made derogatory age-related comments about Charles to other workers.Dee encouraged Charles' co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity.Charles filed a complaint under the Age Discrimination in Employment Act against Dee.In this case,Charles can make a prima facie case for ________.

A) quid pro quo
B) hostile environment
C) disparate impact discrimination
D) reverse discrimination

Question 22

Gibraltar Foods Inc.and Thomas' Foods Inc.merge to form a new corporation known as T-G Foods Inc.In the process of consolidating the business,the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company,thereby lowering the operating costs.Peter is a production manager,and his job is eliminated.He is 51 years old and believes that he was targeted because of his age.Which of the following statements is most likely to be true in this case?

A) T-G Foods can be held liable for age discrimination if the company retained any employees younger than Paul.
B) T-G Foods can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.
C) T-G Foods can eliminate its liability by having Peter sign a waiver that prevents him from filing a claim with the Equal Employment Opportunity Commission.
D) T-G Foods can defend the claim for age discrimination because actions taken during acquisitions and mergers are exempt from the Age Discrimination in Employment Act protection.

Question 23

Under the Age Discrimination in Employment Act,which of the following is not one of the elements that an employee must establish to persuade the court that she or he has a claim for age discrimination based on disparate treatment?

A) She or he suffered an adverse employment action.
B) She or he is in the protected class.
C) Others not in the protected class were treated more favorably.
D) Age was the only factor considered in the adverse employment decision.

Question 24

In the "same actor" defense,the court reasons that there is no violation of the ADEA in dismissing a worker because:

A) the worker satisfied the relevant criteria to be hired (presumably including age), and later was demoted or fired, it is unlikely that age would be the motivating factor
B) the same actor both hired and fired the worker, so age was likely not the motivating factor
C) the worker ("the actor") fired performs in the same manner as when they were hired, it is unlikely that age is the motivating factor
D) all of the employer's employees are older workers

Question 25

When a claim is successful under ADEA,which of the following are available to the plaintiff?

A) punitive damages
B) compensatory damages
C) front pay and back pay
D) consequential damages

Question 26

Scott Murphy was hired as a software engineer by Oberon Technology's Chief Computer Scientist Alicia Monroe.He was 46 at the time he was hired.He worked for the company for five years and was terminated by Alicia for poor performance.Scott filed a claim for age discrimination.Which of the following defenses is most likely to be used by Alicia in this case?

A) The same-actor defense
B) The contributory negligence defense
C) The comparative fault defense
D) The assumption-of-risk defense

Question 27

The third requirement to demonstrate a prima facie case of age discrimination based on disparate treatment is that the employee was qualified for the position.All of the following have been used to demonstrate that requirement except:

A) the employee was hired for the position.
B) the employee was never told that he or she did not meet the performance requirements
C) the employee has a series of positive performance reviews
D) the employee received some verbal criticism, but never received written notice that he or she did not meet the performance requirements for the job.

Question 28

The ADEA requires that employers maintain certain information for employees and applicants for a period of three years.This information includes:

A) rate of pay (if employed)
B) name and address
C) post-secondary education (i.e., schools attended, degrees earned, etc.)
D) date of birth

Question 29

Each scenario below illustrates a worker who is terminated or demoted.Which scenario does NOT seem to be covered under the ADEA?

A) Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.
B) Sally's supervisor announces one day that he cannot stand all of the "menopausal" women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.
C) Reggie, age 46, was terminated because his job was going to be eliminated. He later learns that another employee, age 34, was offered the job at approximately the same rate of pay.
D) Rhoda, age 41, was demoted from lead operator to a subordinate position. A male operator, age 32, with less experience was promoted to the position of lead operator.

Question 30

David is a police officer with the New York Police Department (NYPD).NYPD asks David to retire when he turns 65.It also informs David that he is eligible for an annual pension of $40,000.David feels that he is a good police officer and that he has been unfairly discriminated against because of his age.He files a complaint under the Age Discrimination in Employment Act against the NYPD.Which of the following statements is true in this case?

A) David will most likely win the case as it is illegal to subject an employee who receives less than $44,000 a year to mandatory retirement.
B) David will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement.
C) David will most likely lose the case as he is not a high-level employee.
D) David will most likely win the case as he is not yet 70, and it is only legal to subject employees who are 70 and older to mandatory retirement.

Question 31

In the event of a reduction in force,age discrimination is most likely to be proven where:

A) the employer reinstates a discharged or demoted employee covered by the Age Discrimination in Employment Act at the employee's prior salary.
B) the employer hires younger workers when the jobs become available after an employee was discharged at the prior salary of the older worker.
C) the employee being discharged is younger than the employees being retained.
D) the discharged employee is allowed to bump others with less seniority.

Question 32

The Older Workers Benefit Protection Act (OWBPA)requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary".To be considered "knowing and voluntary",the waiver must satisfy each of the following requirements except:

A) the waiver must specifically refer to ADEA rights or claims.
B) the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.
C) the waiver must be signed in the presence of two independent witnesses and a notary public.
D) in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to

Question 33

According to the Age Discrimination in Employment Act,which of the following individuals can be subjected to compulsory retirement based on age?

A) High-level employees with substantial executive authority who are older than 40
B) Midlevel managers who are older than 65
C) High-level employees with substantial executive authority who will receive a company pension of $44,000 or more
D) All managers, regardless of their supervisory level, who are older than 40 and will receive a company pension of $20,000 or more

Question 34

Marissa is 57 and has been a store manager for Lasalle Corp.,a retail store,for 10 years.Lasalle plans to project a more youthful image to its customers.As a result,Marissa gets demoted to an inventory manager role,which requires no customer contact.Marissa files a complaint with the Equal Employment Opportunity Commission.Following the complaint,Marissa gets fired.Which of the following statements is most likely to be true in this case?

A) Marissa's age discrimination claim is not actionable if her demotion was based on poor performance, but she has an actionable claim based on unlawful retaliation.
B) Marissa's age discrimination claim is not valid because the Age Discrimination in Employment Act only covers state and federal employees.
C) Marissa's age discrimination claim is not valid because the Age Discrimination in Employment Act allows employers to maintain a younger staff if doing so results in an economic profit to the employer.
D) Marissa's age discrimination claim is not actionable if she is replaced by a worker who is older than 40, but she has an actionable claim if she is fired by the person who hired her.

Question 35

Which of the following statements is true of retaliation claims made under the Age Discrimination in Employment Act (ADEA)?

A) The ADEA prohibits retaliation only if it is in the form of a dismissal.
B) The ADEA does not protect federal employees from retaliation because the public sector language in the ADEA is different from the private sector language.
C) Retaliation claims cannot be made by an employee if the employee has had a negative performance review.
D) Punitive damages are available for retaliation claims.

Question 36

An employer who raises the same-actor defense asserts that:

A) when a worker protected by the Age Discrimination in Employment Act is hired and fired by the same person, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate.
B) employees in the motion picture, television, and theater industries are not protected under the Age Discrimination in Employment Act if they are replaced by a younger performer who has already performed the same part in another production.
C) when an employee signs a defective waiver under the Equal Employment Opportunity Act, the employee must repay any benefits received under the defective waiver.
D) when other persons have influence or leverage over the official decision maker, it is proper to impute their discriminatory attitudes to the formal decision maker.

Question 37

Logan is a midlevel manager at Oranges Inc.When she turns 60,her company forces her to take mandatory retirement in exchange for an annual pension of $40,000.Logan decides to file an age discrimination suit against Oranges.Which of the following statements is true in this case?

A) Logan will most likely lose because it is legal for companies to subject managers, regardless of their supervisory level, to mandatory retirement.
B) Logan will most likely lose because it is legal for companies to subject managers to mandatory retirement as long as they receive a company pension.
C) Logan will most likely win because it is illegal for companies to subject managers, regardless of their supervisory level, to mandatory retirement before they turn 65.
D) Logan will most likely win because it is illegal for companies to subject midlevel managers to mandatory retirement.

Question 38

As a defense to an ADEA claim,employers may establish a defense based on reasonable factors other than age (RFOA defense).  In determining the reasonableness of the employment practice,the courts will look to all of the following except:

A) The extent to which the action is related to the employer's stated business purpose.
B) The extent to which the individuals in the protected group contribute to the success or failure of the business.
C) The extent to which the employer assessed the impact of its adverse employment action on older workers.
D) The degree of harm to individuals in the protected group, and the extent to which the employer tried to minimize that harm.

Question 39

Oscar McPhee is the senior vice president of DP Pharmaceuticals Corp.he receives a salary of $249,000 plus bonuses and stock options.Oscar is notified by the HR department that he will have to retire when she turns 65 next year and that he will receive an annual pension of $86,000.He feels it is unfair because his division met or exceeded all of its goals last year,and he is as productive as he has ever been.Which of the following statements is most likely to be true in this scenario?

A) Oscar can file a complaint under the Age Discrimination in Employment Act (ADEA) because mandatory retirement at age 65 is considered age discrimination.
B) Oscar can file a complaint under the ADEA because only police officers and firefighters are subject to mandatory retirement.
C) Oscar cannot file a complaint under the ADEA because he has substantial executive authority, and he will be 65 at the time of retirement and receive a company pension of more than $44,000.
D) Oscar cannot file a complaint under the ADEA because mandatory retirement is allowed for any manager, regardless of their supervisory level, as long as they receive a company pension of more than $44,000.

Question 40

Which of the following remedies may be awarded to a successful employee/plaintiff in an age discrimination action,including a claim of retaliation?

A) money damages representing back pay and/or even front pay
B) pain and suffering
C) reinstatement to the employee's prior position (in the case of a demotion)
D) punitive damages

Question 41

To demonstrate a BFOQ in an ADEA age discrimination case,an employer must prove all of the following except:

A) all or substantially all of the individuals over the set age are unable to perform the job's requirements adequately or some of the individuals over that age have a disqualifying trait that cannot be ascertained except by age
B) the employer has previously employed individuals over the set age, and has had observed their difficulty in performing the essential requirements of the job.
C) the age limit is reasonably necessary to the essence of the employer's business
D) A and C

Question 42

Laura Mills is 55 years old.She has been employed with PilotCo Corp.for 17 years.She was offered early retirement and asked to sign a waiver of her right to file a claim under the Age Discrimination in Employment Act.Laura was given 21 days to review the waiver and sign it.Laura was out of work due to illness for 17 days.She signed the waiver when she reported for work after being reminded that she only had four days left to make a decision.Several days later,Laura changed her mind and decided to file a claim for age discrimination.Which of the following statements is most likely to be true in this case?

A) Laura has no recourse since she voluntarily signed the waiver.
B) Laura can file the claim for age discrimination because she was sick when she signed the waiver.
C) Laura can file the claim for age discrimination because the waiver did not comply with the requirement specifying that each employee be given 45 days to review the waiver.
D) Laura cannot file the claim for age discrimination because she was given more than 15 days to consider her decision, and waivers, once signed, are final.

Question 43

What method must an employee filing an action against his or her employer under the Age Discrimination in Employment Act utilize to prove age discrimination? List the elements that must be established by an employee to persuade the court that she or he has a claim for age discrimination.

Question 44

Prior to the enactment of the Employee Retirement Income Security Act of 1974 (ERISA),employers could discriminate against employees in a number of ways including all of the following except:

A) eligibility for pension benefits
B) the amount of time necessary to earn a full pension benefit
C) loss of benefits due to sale of the company just prior to vesting
D) termination of the pension plan just after employees vest.

Question 45

Harry worked for VF Delivery Service for 35 years.His job included loading trucks,driving trucks to residential and commercial locations,and handing over items to the recipient.He is 60 years old and was fired recently.He claimed age discrimination under the Age Discrimination in Employment Act.VF Delivery Service will prevail if it can show that:

A) Harry no longer has 20/20 vision, which is required to safely drive the trucks.
B) Harry signed a waiver without the presence of an attorney.
C) Harry will receive an early retirement incentive from the company.
D) Harry's salary is substantial enough to be an economic burden on the company.

Question 46

Describe the process that an employee should use when he or she feels that they have been discriminated against on the basis of age.

Question 47

Describe the four elements that an employee must establish to establish a prima facie case of age discrimination based on disparate treatment.

Question 48

Chad was 54 years old when he was hired as a disc jockey by William.Two years later,as William's business was failing,Chad was laid off by William.Chad felt that he was laid off because of his age,so he brought a claim of age discrimination against William.On the basis of these facts alone,briefly discuss William's defenses to Chad's claim.

Question 49

Maxine was offered an early retirement incentive in exchange for her signing a waiver of any Age Discrimination in Employment Act claims she might have related to the early retirement plan.She is presented with the offer on June 9,2014,and told that she has until June 13,2014,to accept the offer and sign the waiver.She signs the waiver on June 11,2014,but she later wishes to bring an Age Discrimination in Employment Act claim based on an aspect of the early retirement plan that is unfavorable to her.Will the waiver preclude her claim? Explain.

Question 50

A(n)________ is the intentional relinquishment of a known right.

A) burden shift
B) equitable relief
C) waiver
D) pretext