Exam 9: Discrimination Based on Age

When is arbitration for ADEA claims enforced?

Who are covered under Age Discrimination in Employment Act?

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).

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:

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

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..Court of Appeals affirmed the dismissal.

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:

What are the provisions of the Age Discrimination in Employment Act?

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:

Complaints must be filed within 180 days of alleged ADEA violations with the Equal Employment Opportunity Commission.

A recruitment agency was hiring customer support executives.Rolin and Rhonda were both interviewed for the position, however 42-year-old Rolin was rejected despite his experience and educational credentials since the agency felt he was "too old and did not fit the young and perky image required of customer support executives".Twenty-three year old Rhonda was selected, though she lacked experience and relevant education.In this instance, the recruitment agency has clearly violated the:

When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in Employment Act (ADEA) provides some specific exemptions, such as:

Private individuals alleging violation cannot file a suit against their employer under the Age Discrimination in Employment Act (ADEA).

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

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).

Retirement ages for firefighters and law enforcement officers are set by local and state government under Section 623(j) of the Age Discrimination in Employment Act (ADEA).

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:

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

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

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