Harry has worked for Very Fast Delivery Service for 35 years.His job includes loading and driving trucks,as well as driving the trucks to residential and commercial locations and hand delivering items to the recipient.He is 60 years old and has been fired.He brings action under the ADEA for age discrimination.Very Fast will prevail if they can show:

Question

Quizplus · Accepted Answer

The key factor in an ADEA case is whether age was a motivating factor in the termination decision. In this case, Harry's age of 60 suggests that he may have been fired due to his age. However, if Very Fast Delivery Service can show that they fired Harry because he was unable to perform the essential functions of his job, even with reasonable accommodation, then they may prevail in the lawsuit. Option A is not a valid reason for termination, as it can be accommodated with glasses. Option B is also not a valid reason, as depression is a protected disability under the Americans with Disabilities Act (ADA). Option C, however, indicates that Harry can no longer perform the heavy lifting required for his job due to arthritis, which means his termination can be argued as a valid reason due to inability to perform the essential functions of the job.

Harry Has Worked for Very Fast Delivery Service for 35