Exam 9: Discrimination Based on Age

In O'Connor v. Consolidated Coin Caterers Corp ., the court of appeal held that:

Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as remedies are subjected to:

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:

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:

Mandatory retirements of executive employees who are over the age of sixty-five are prohibited under Section 631(c)of the Age Discrimination in Employment Act (ADEA).

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?

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

In Western Air Lines v. Criswell, Western claimed the mandatory retirement age for flight engineers was:

The denial of a promotion to any worker over the age of thirty-five is a violation under the Age Discrimination in Employment Act (ADEA).

What is a bona fide seniority or benefit plan? What is its significance?

What are the procedures to file a complaint for an alleged violation under  the  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:

In Gilmer v. Interstate/Johnson Lane Corp the Supreme Court held that the securities broker should not litigate and is required to:

The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within:

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

The Age Discrimination in Employment Act provides for suits by the responsible government agency against non-federal employees. In this instance:

When is arbitration for ADEA claims enforced?

What is meant by "reasonable factors other than age"? Give an example of how this might help employers?

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

Under the Age Discrimination in Employment Act (ADEA), a waiver does not affect an employee's right to contact the Equal Employment Opportunity Commission to pursue a claim.