Exam 9: Discrimination Based on Age

The Age Discrimination in Employment Act (ADEA) is enforced and administered by:

Fifty-five year old Mark has worked with an organization for 20 years and was looking forward to his impending promotion.During his annual appraisal,his supervisor stated that he had "put in enough time" and suggested he step down from his post since most executive employees retired at the age fifty five.In this instance,Mark does not need to resign since:

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees over what age?

Sam was a 55-year-old bus driver with a travel agency,and he had worked with the agency for over 15 years.One morning,his employer told him that he should consider retirement because he was "of a certain age" and it would be best for the safety of the passengers that he be replaced by someone younger.He also insisted that retirement was mandatory for any bus driver over the age of 50 per the company's policy.In this case,his employer needs to:

In Equal Employment Opportunity Commission v.Tire Kingdom,courts have held that there is no specific statute of limitations on:

Steven,an employee with a newspaper company in New York,was not getting a promotion because he was over 55 years of age.He was also not getting increments in comparison to employees who were thirty years and below.He filed complaint with local EEO agency but they ruled out the discrimination.Now he can file suit directly in:

If the waivers are part of a termination incentive program offered to a group or class of employees,the employer must give the employees _____________ to consider the waiver.

Who are covered under Age Discrimination in Employment Act?

Eddy worked with a glass manufacturing company and he was laid off from the firm due to his age.He filed suit under the Age Discrimination in Employment Act.After his removal,the employer provided evidence that proved Eddy had accessed and copied confidential documents prior to his discharge,and that the tampering of documents could preclude the right of the plaintiff to sue under the Age Discrimination in Employment Act.The court would most likely state that:

Fifty-nine year old Linda has worked at a Texas-based manufacturing plant for over 30 years.Her employer offered all workers 55 years of age and over an opportunity to go on early voluntary retirement with good incentives and a bonus plan.Linda felt this would allow her to spend more time with her family and she accepted the offer.In this case,did the employer violate the Age Discrimination in Employment Act?

Fifty-two year old Nicolas worked as an operations manager in Austell steel plant.The working conditions at Austell were quite hazardous and as a result,Nicolas was grievously injured while performing his job.Due to the key responsibilities associated with Nicolas' role,the employer asked him to step down from his position to be replaced by his thirty-eight year old team member.In this case,the employer has the burden to prove that removal of Nicolas is:

If early retirement and waiver are offered to a class of employees,the employer must provide employees with:

Employers who are covered under the Age Discrimination in Employment Act (ADEA) should employ at least:

In McKennon v.Nashville Banner Publishing Co,the employer argued that an employee's after-acquired evidence precluded the right of plaintiff to:

In Kimel v.Florida Board of Regent,the Supreme Court held that the Eleventh Amendment of the U.S.Constitution provides:

Robert is a sixty-year old sales manager at a local car dealership.Due to the state of the economy,the dealership had to undergo restructuring which resulted in the elimination of Robert's position.The duties he performed were transferred to Gaines who was 42-years old.However,Robert felt that the actual reason for eliminating his position was his age,which was against the arbitration clause in his employment agreement.To provide his case,Robert has to:

What information should employers provide employees in case of a waiver of claims?

How is the Age Discrimination in Employment Act enforced and administered?

In _______________ ,the plaintiff claimed that the pay raise policy had a disparate impact against the older officers.The trial court dismissed the suit,and the U.S.Court of Appeals affirmed the dismissal.

What is meant by "age discrimination in employment" and under which act is it prohibited?