Deck 9: Age Discrimination

Question 1

An employer has no obligation to consider an applicant's experience, other than what is relevant
to the skills and responsibilities of the available position.

Answer 1

True

Question 2

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
An example of exception to the mandatory retirement age.

Answer 2

e

Question 3

A request that an applicant furnish his or her age or date of birth, alone, is unlawful.

Answer 3

False

Question 4

It is unlawful for employers to state age preferences in newspaper advertisements, Internet post-
ings, orders placed with employment agencies, or other job listings.

Question 5

There is a statutory exception to a mandatory retirement age for firefighters and law enforcement
personnel.

Question 6

With few exceptions, a mandatory retirement age is prohibited.

Question 7

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
The agency responsible for administering the ADEA.

Question 8

The ADEA protects individuals forty years of age and older from age discrimination.

Question 9

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
The four-part test to determine whether a parent corporation and its subsidiary may be regarded
as a "single employer" under the ADEA.

Question 10

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
The plaintiff's ultimate burden in an age case.

Question 11

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
A category of employee for whom employers have claimed that age is a BFOQ.

Question 12

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
The Act that prohibits employers, employment agencies, and labor unions from taking adverse action against workers because they are 40 years of age or older.

Question 13

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
The ADEA states that there is no unlawful discrimination when an employer relies on this
defense.

Question 14

A waiver is a method by which employers protect themselves from liability under the ADEA
when faced with a reduction-in-force.

Question 15

An employer cannot lawfully request that an applicant furnish education, experience, and salary
histories.

Question 16

Direct evidence of discrimination is required to prove age discrimination.

Question 17

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
The Act that amended requirements for employee benefit plans.

Question 18

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
An example of a "reasonable factor other than age."

Question 19

Matching
a. proving pretext
b. qualifying executive
c. education
d. ADEA
e. law enforcement personnel
f. OWBPA
g. bus drivers
h. Trevino test
i. EEOC
j. reasonable factor other than age
An individual who spends at least half of his or her working time managing an enterprise,
department, or subdivision.

Question 20

In reduction-in-force cases, a plaintiff must establish that he or she was qualified for the job or
met the legitimate expectations of their employer.