An employer can escape liability for disparate treatment age discrimination if it can be shown that the employment decision was based on some other factor than the employee's age.

Question

Quizplus · Accepted Answer

This statement is true. If an employer can show that its employment decision was based on a legitimate nondiscriminatory reason, such as the employee's performance or qualifications, and not on age, then it may escape liability for age discrimination under the disparate treatment theory.

An Employer Can Escape Liability for Disparate Treatment Age Discrimination