Question 1

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

Accepted Answer

Martha'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. The Age Discrimination in Employment Act prohibits retaliation, which usually occurs when an employer takes an employment action against an employee, such as a dismissal, a denial of a promotion, a demotion, or a suspension, in response to an age discrimination complaint filed by that employee. In this case, Martha has an actionable claim for retaliation as Opal Amber fired her in response to her age discrimination complaint.

Question 2

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

Accepted Answer

In the event of a reduction in force, age discrimination may be proven where: a) an employer refuses to allow the discharged (or demoted) employee to bump others with less seniority, and b) an employer hires younger workers when the jobs become available after the employee was discharged (or demoted) at the prior salary of the older worker.

Question 3

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

Accepted Answer

Casey cannot file a complaint under the Age Discrimination in Employment Act because she has substantial executive authority, and she will be 65 at the time of retirement and receive a company pension of more than $44,000. This exception is a very narrow one and does not allow for compulsory retirement policies for midlevel managers.

Question 4

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

Accepted Answer

An employer who raises the same-actor defense asserts that 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. In Lodis v. Corbis Holdings, Inc., the employer promoted an employee, then immediately gave that employee a negative review in his new position and terminated him. The court refused to extend the same-actor defense to the defendant out of concern that doing so would permit employers to use promotion followed by termination as a means to avoid a charge of retaliation.

Question 5

Which of the following is the purpose of the Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA)issued by the Equal Employment Opportunity Commission?

Accepted Answer

The Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA) issued by the Equal Employment Opportunity Commission has two purposes: a) it makes the existing regulation consistent with the Supreme Court's holding that the defense to an Age Discrimination in Employment Act (ADEA) disparate impact claim is RFOA, and not business necessity, and b) it explains the meaning of the RFOA defense to employees, employers, and those who enforce and implement the ADEA.

Question 6

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

Accepted Answer

Leslie will most likely win her age discrimination suit against Scruffle Inc. because it is illegal for companies to subject midlevel managers to mandatory retirement. High-level employees with substantial executive authority can be subjected to compulsory retirement at age 65 or beyond if the individual will receive a company pension of $44,000 or more.

Question 7

Based on the court's decision in Oubre v.Entergy Operations,Inc.,if an employee:

Accepted Answer

Based on the court's decision in Oubre v. Entergy Operations, Inc., if an employee signs a defective waiver, the employee is not required to give back any benefits received under the defective waiver. In addition, if the employer offers to individually negotiate the waiver (as opposed to offering a standard form to the employee on a take-it-or-leave-it basis), this may be able to serve as proof to the court that the employee knew what he was doing when he signed the document.

Question 8

As a result of the fact that Title VII of the Civil Rights Act of 1964 had been amended in 1991 to include "motivating factor" language but that the ADEA (Age Discrimination in Employment Act)had not,the U.S.Supreme Court said that:

Accepted Answer

As a result of the fact that Title VII of the Civil Rights Act of 1964 had been amended in 1991 to include "motivating factor" language but that the ADEA (Age Discrimination in Employment Act) had not, the U.S. Supreme Court said that no burden shifting occurs in ADEA cases. In fact, the decision means that mixed-motives age discrimination claims do not exist under the ADEA for disparate treatment claims.

Question 9

Gibson Foods Inc.and Thompson Foods Inc.merge to form a new corporation known as TGT 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.Paul 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?

Accepted Answer

TGT Foods Inc. can defend the claim for age discrimination if it can provide a reasonable factor other than age (RFOA) for Paul's termination. The RFOA defense includes any requirement that does not have an adverse impact on older workers, as well as those factors that do adversely affect this protected class but are shown to be job-related.

Question 10

In the context of proof of pretext,which of the following statements is true?

Accepted Answer

Where there is direct evidence of discrimination, proof of pretext is not required. This may occur where an employer admits to having based an employment decision on an employee's age, or when a representative of the employer says that it would be cheaper to hire younger applicants.

Question 11

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

Accepted Answer

Mandatory retirement has been limited to two circumstances. First, a small number of high-level employees with substantial executive authority can be subjected to compulsory retirement at age 65 or beyond if the individual will receive a company pension of $44,000 or more. Second, persons in two specific occupations, police officers and firefighters, have been subject to mandatory retirement.

Question 12

Which of the following is a negative side effect of the Employee Retirement Income Security Act?

Accepted Answer

The Employee Retirement Income Security Act has made the provision of benefit plans more costly for employers. In addition, no federal law requires that employers offer retirement plans.

Question 13

Steve is a police officer with the New York Police Department (NYPD).NYPD asks Steve to retire when he turns 65.It also informs Steve that he is eligible for an annual pension of $40,000.Steve 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?

Accepted Answer

Steve will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement. Persons in two specific occupations, police officers and firefighters, can be subject to mandatory retirement. As Steve is a police officer, he can be subject to mandatory retirement.

Question 14

In O'Connor v.Consolidated Coin Caterers,the U.S.Supreme Court held that:

Accepted Answer

The basic Age Discrimination in Employment Act (ADEA) case is filed where an employee is replaced by or not hired in favor of an employee who is not a member of the protected class. However, in O'Connor v. Consolidated Coin Caterers, the U.S. Supreme Court held that a plaintiff can state a claim as long as she or he is replaced by someone younger, even if the replacement is 40 years old or older.

Question 15

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

Accepted Answer

Charlton can make a prima facie case for hostile environment discrimination under the Age Discrimination in Employment Act as Dolores' derogatory age-related comments and encouragement of co-workers to be uncooperative toward him created a hostile work environment based on age.

Question 16

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

Accepted Answer

Punitive damages are available for retaliation claims. Punitive damages are those designed to punish an employer (rather than compensating an employee), and often significantly higher in amount.

Question 17

Chris,62,applies for a job at Turnhook Fishing Corp.The company has concerns that applicants over age 40 will not be able to handle the strenuous nature of the job.It implements a requirement that all applicants have 20/20 vision in hopes of weeding out older candidates.Which of the following claims is most likely to be made against Turnhook?

Accepted Answer

A disparate impact claim is most likely to be made against Turnhook Fishing Corp. Disparate impact exists where a policy or rule of an employer, though not discriminatory on its face, has an effect on one group different from that on another. The company's vision policy has the effect of ruling out applicants above 40, including those who are capable of doing strenuous labor. It is likely to face a disparate impact claim.

Question 18

Under Title VII of the Civil Rights Act of 1964,if an employer uses the bona fide occupational qualification as a defense to an age discrimination claim,the employer has to demonstrate that:

Accepted Answer

An employer's proof of a bona fide occupational qualification under the Age Discrimination in Employment Act is slightly different and less exacting than under Title VII of the Civil Rights Act of 1964. Title VII requires that the employer demonstrate that the essence of the business requires the exclusion of the members of a protected class and all or substantially all of the members of that class are unable to perform adequately in the position in question.

Question 19

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?

Accepted Answer

An employee filing an action against an employer under the Age Discrimination in Employment Act (ADEA) based on disparate treatment must prove age discrimination by utilizing the method of proof for Title VII cases originally set forth in McDonnell Douglas Corp. v. Green and later adapted to age discrimination claims under the ADEA. Under this approach, the employee must establish the following four elements to persuade the court that she or he even has a claim for age discrimination: the employee is in the protected class; she or he suffered an adverse employment action (was terminated or demoted); the employee was doing her or his job well enough to meet her or his employer's legitimate expectations; and others not in the protected class were treated more favorably.

Question 20

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?

Accepted Answer

The same-actor defense is most likely to be used by Alicia in this case. The presumption in the same-actor defense is that when the same person hires and fires a worker protected by the Age Discrimination in Employment Act, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate. As Scott was both hired and fired by Alicia, Oberon can use the same-actor defense in this case.

Quiz 12: Age Discrimination