Exam 9: Discrimination Based on Age

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

The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances, such as with executive employees who are over the age of:

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:

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:

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

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

Bruce is an employee of the Regus Group of Companies. His employer was not satisfied with performance and warned Bruce that if he could not improve his productivity, he should consider voluntary retirement since he was already 58 years of age. Within two days of receiving the warning, Bruce was given a notice by the human resources division asking him to submit his resignation without offering any early retirement benefits. In this instance, the employer violated both the Age Discrimination in Employment Act and:

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?

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

When is arbitration for ADEA claims enforced?

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

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

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

In O'Connor v. Consolidated Coin Caterers Corp., the court of appeal said that the plaintiff was not able to form a prima facie case of alleged violation because the Age Discrimination in Employment Act (ADEA):

In Astoria Federal Savings & Loan v. Solimino, if the state or local EEO agency has ruled that the employee was not the victim of age discrimination; an individual can file an age discrimination suit in:

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:

All of the following are direct impacts of the Age Discrimination in Employment Act (ADEA) except:

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:

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.