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Murphy Has Been Turned Down for a Job as an Ambulance

Question 32

Multiple Choice

Murphy has been turned down for a job as an ambulance driver because of her age, on the grounds that most individuals her age have certain health-related characteristics that legitimately exclude them from effective service as ambulance drivers. Murphy was never individually evaluated to determine whether she possessed the disqualifying characteristics.


A) Under the U.S. Supreme Court's ruling in Metz v. Transit Mix, Inc., Murphy has suffered age discrimination, because age-related health factors cannot, as a matter of law, be the basis of a BFOQ.
B) Under the U.S. Supreme Court's ruling in Western Air Lines, Inc. v. Criswell, Murphy has suffered age discrimination, because even legitimate, age-based job requirements are impermissible unless each applicant, or employee, as the case may be, has been evaluated for job fitness in light of the requirement.
C) Under the U.S. Supreme Court's ruling in Metz v. Transit Mix, Inc., Murphy has not suffered age discrimination, because age-related health factors can, as a matter of law, be the basis of a BFOQ.
D) Under the U.S. Supreme Court's ruling in Western Air Lines, Inc. v. Criswell, Murphy has not suffered age discrimination, because discrimination against individuals above a given age is permissible if, generally, such individuals are likelier to have a particular disqualifying trait, and it would be impractical to evaluate every individual above the given age to determine who did and who did not have the trait.

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