Deck 12: Age Discrimination

Question 1

Catherine,aged 59,is employed as a makeup artist with a local department store.The company hires a new manager,Ryan.Ryan fires Catherine and gives her job to Katrina,aged 42.Under the Age Discrimination in Employment Act,Catherine:

A) does not have a valid claim because Catherine's replacement must be at least 20 years younger than Catherine.
B) does not have a valid claim because the person who hired her is not the one who fired her.
C) has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act.
D) has a valid claim even though her replacement is a member of the protected class.

Answer 1

D
Explanation:Under the Age Discrimination in Employment Act, Catherine has a valid claim for age discrimination even though her replacement is a member of the protected class. The Supreme Court has held, in O'Connor v. Consolidated Coin Caterers, that a plaintiff can state an age discrimination claim as long as she or he is replaced by someone younger, even if the replacement is 40 years old or older.

Question 2

If an employee-plaintiff proves that the employer-defendant willfully violated the Age Discrimination in Employment Act (ADEA),then the court is also allowed to award liquidated damages:

A) which are the total of back pay, front pay, and any other unpaid wage liability owed to the employee-plaintiff.
B) which serve as compensation for pain and suffering.
C) in an amount that is equal to unpaid wage liability.
D) in an amount sufficient to prevent the wrongdoer from willfully violating the ADEA in the future.

Answer 2

C
Explanation:If an employee-plaintiff proves that the employer-defendant "willfully violated" the Age Discrimination in Employment Act (ADEA), then the court is also allowed to award liquidated damages in an amount equal to unpaid wage liability. Compensation for pain and suffering or emotional distress is not available under the ADEA.

Question 3

The Age Discrimination in Employment Act is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.

Answer 3

False
Explanation:The Age Discrimination in Employment Act (ADEA) is more lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions. The ADEA allows an employer to rebut a prima facie case of age discrimination by identifying any reasonable factor other than age that motivated the decision.

Question 4

The decision of the court in Gross v.FBL Financial Servs.Inc.that no burden shifting occurs in Age Discrimination in Employment Act (ADEA)cases means that:

A) employers can no longer use the same-actor defense.
B) mandatory retirement based on age is legal if an employee is older than 50.
C) reasonable factor other than age defense can no longer be used by employers in a disparate treatment case.
D) mixed-motives age discrimination claims do not exist under the ADEA for disparate treatment claims.

Question 5

The Hazen Paper Co.v.Biggins case is an important one in the area of reductions in force since the Supreme Court held that there is no disparate treatment under the Age Discrimination in Employment Act when the factor motivating an employer is some feature "other than an employee's age."

Question 6

The Age Discrimination in Employment Act does not allow the defense of bona fide occupational qualification to be used by employers.

Question 7

The Age Discrimination in Employment Act makes it unlawful to publish a job advertisement indicating any preference based on age.

Question 8

If an employee who believes that his or her employer has engaged in age discrimination files a complaint with the federal Equal Employment Opportunity Commission,he or she cannot file a lawsuit in state court under state age discrimination laws as these legal options are mutually exclusive.

Question 9

When a claim is pretextual,it means that it is the true reason for an action,that there is no underlying motivation.

Question 10

Which of the following is a form of equitable relief?

A) Back pay
B) Front pay
C) Liquidated damages
D) Reinstatement

Question 11

Under the Age Discrimination in Employment Act,a firm may only offer different benefits to older and younger workers if it costs a significant amount more to provide those benefits to older workers.

Question 12

Barry is 57 years old and is employed by the state as a school bus driver.He has an exemplary record,with no accidents in the past 27 years.Bob,aged 31,replaces Barry.Barry intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA)with the Equal Employment Opportunity Commission.If Barry lives in a state that has not waived sovereign immunity,which of the following statements is most likely to be true?

A) Barry has a valid claim and can sue the state because he can establish all of the elements of a prima facie case.
B) Barry cannot file a claim for age discrimination under the ADEA because he is a state employee.
C) Barry is a state employee and must file his claim pursuant to the Older Workers' Benefit Protection Act.
D) Barry does not have a claim for age discrimination under the ADEA as he was replaced by an employee who is older than 30.

Question 13

Carlos,who is 22 years old,is employed as a security officer at JJ Security Corp.,which is a private firm.The manager of JJ Security intends to retain employees who are older as he feels that they are likely to perform better.He fires Carlos and replaces him with Samuel,who is 54 years old.Which of the following statements is most likely to be true in this case?

A) Carlos will win an age discrimination suit under the ADEA against JJ Security as it is illegal to fire an employee on the basis of age.
B) Carlos cannot file an age discrimination suit against JJ Security as reverse discrimination is not covered under the ADEA.
C) Carlos will win an age discrimination suit under the ADEA against JJ Security as he is a member of the protected class.
D) Carlos cannot file an age discrimination suit against JJ Security under the ADEA as it is applicable only to federal employees.

Question 14

The Age Discrimination in Employment Act only protects those employees from discrimination who are over _____.

A) 40
B) 20
C) 60
D) 70

Question 15

Based on the court's decision in Oubre v.Entergy Operations,Inc.,if an employee signs a defective waiver,the employee is not required to give back any benefits received under the defective waiver.

Question 16

In Gomez-Perez v.Potter,the U.S.Supreme Court ruled that federal and private sector employees have the same protection from retaliation under the Age Discrimination in Employment Act.

Question 17

In addition to awarding back pay or front pay that adequately compensates a successful plaintiff in an age discrimination action,courts also grant equitable relief such as injunctions,reinstatement,and promotions.

Question 18

In almost half the states.state employees are not able to sue their state employers under the ADEA.

Question 19

Which of the following statements is true of the Age Discrimination in Employment Act?

A) It is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.
B) It only allows employees to pursue a claim if an employer discriminated against all of its older workers.
C) It only protects employees over 60 from discrimination.
D) It does not provide protection from reverse discrimination.

Question 20

Under Title VII of the Civil Rights Act of 1964,an employer cannot justify a practice that has been shown to have a disparate impact by evidencing that it is job-related and consistent with business necessity.

Question 21

Martha is 57 and has been a store manager for Opal Amber Corp.,a retail store,for 10 years.Opal Amber plans to project a more youthful image to its customers.As a result,Martha gets demoted to an inventory manager role,which requires no customer contact.Martha files a complaint with the Equal Employment Opportunity Commission.Following the complaint,Martha gets fired.Which of the following statements is most likely to be true in this case?

A) Martha's age discrimination claim is not actionable if her demotion was based on poor performance, but she has an actionable claim based on unlawful retaliation.
B) Martha's age discrimination claim is not valid because the Age Discrimination in Employment Act only covers state and federal employees.
C) Martha's age discrimination claim is not valid because the Age Discrimination in Employment Act allows employers to maintain a younger staff if doing so results in an economic profit to the employer.
D) Martha's age discrimination claim is not actionable if she is replaced by a worker who is older than 40, but she has an actionable claim if she is fired by the person who hired her.

Question 22

In the event of a reduction in force,age discrimination is most likely to be proven where:

A) the employer reinstates a discharged or demoted employee covered by the Age Discrimination in Employment Act at the employee's prior salary.
B) the employer hires younger workers when the jobs become available after an employee was discharged at the prior salary of the older worker.
C) the employee being discharged is younger than the employees being retained.
D) the discharged employee is allowed to bump others with less seniority.

Question 23

Casey McDowell is the senior vice president of DP Pharmaceuticals Corp.She receives a salary of $249,000 plus bonuses and stock options.Casey is notified by the HR department that she will have to retire when she turns 65 next year and that she will receive an annual pension of $86,000.She feels it is unfair because her division met or exceeded all of its goals last year,and she is as productive as she has ever been.Which of the following statements is most likely to be true in this scenario?

A) Casey can file a complaint under the Age Discrimination in Employment Act (ADEA) because mandatory retirement at age 65 is considered age discrimination.
B) Casey can file a complaint under the ADEA because only police officers and firefighters are subject to mandatory retirement.
C) Casey cannot file a complaint under the ADEA because she has substantial executive authority, and she will be 65 at the time of retirement and receive a company pension of more than $44,000.
D) Casey cannot file a complaint under the ADEA because mandatory retirement is allowed for any manager, regardless of their supervisory level, as long as they receive a company pension of more than $44,000.

Question 24

An employer who raises the same-actor defense asserts that:

A) when a worker protected by the Age Discrimination in Employment Act is hired and fired by the same person, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate.
B) employees in the motion picture, television, and theater industries are not protected under the Age Discrimination in Employment Act if they are replaced by a younger performer who has already performed the same part in another production.
C) when an employee signs a defective waiver under the Equal Employment Opportunity Act, the employee must repay any benefits received under the defective waiver.
D) when other persons have influence or leverage over the official decision maker, it is proper to impute their discriminatory attitudes to the formal decision maker.

Question 25

Which of the following is the purpose of the Final Rule on Disparate Impact and Reasonable Factors Other than Age (RFOA)issued by the Equal Employment Opportunity Commission?

A) It makes the existing regulation consistent with the Supreme Court's holding that the defense to a disparate impact claim is business necessity.
B) It disallows the bona fide occupational qualification defense under the Age Discrimination in Employment Act.
C) It explains the meaning of the RFOA defense to employees, employers, and those who enforce and implement the Age Discrimination in Employment Act.
D) It makes it mandatory for all employers to provide retirement plans to their employees.

Question 26

Leslie is a midlevel manager at Scruffle Inc.When she turns 60,her company forces her to take mandatory retirement in exchange for an annual pension of $40,000.Leslie decides to file an age discrimination suit against Scruffle.Which of the following statements is true in this case?

A) Leslie will most likely lose because it is legal for companies to subject managers, regardless of their supervisory level, to mandatory retirement.
B) Leslie will most likely lose because it is legal for companies to subject managers to mandatory retirement as long as they receive a company pension.
C) Leslie will most likely win because it is illegal for companies to subject managers, regardless of their supervisory level, to mandatory retirement before they turn 65.
D) Leslie will most likely win because it is illegal for companies to subject midlevel managers to mandatory retirement.

Question 27

Based on the court's decision in Oubre v.Entergy Operations,Inc.,if an employee:

A) wants to claim that disparate impact age discrimination has occurred, the burden of persuasion lies on the employee.
B) wants to show that pretext exists, the employer must not have presented conflicting rationales for an adverse employment action.
C) is younger than 50, the employee is not eligible for protection under the Age Discrimination in Employment Act.
D) signs a defective waiver, the employee is not required to give back any benefits received under the defective waiver.

Question 28

As a result of the fact that Title VII of the Civil Rights Act of 1964 had been amended in 1991 to include "motivating factor" language but that the ADEA (Age Discrimination in Employment Act)had not,the U.S.Supreme Court said that:

A) disparate impact claims are unavailable under the ADEA.
B) proof of pretext is required in all disparate impact ADEA cases.
C) punitive damages are unavailable under the ADEA.
D) no burden shifting occurs in ADEA cases.

Question 29

Gibson Foods Inc.and Thompson Foods Inc.merge to form a new corporation known as TGT Foods Inc.In the process of consolidating the business,the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company,thereby lowering the operating costs.Paul is a production manager,and his job is eliminated.He is 51 years old and believes that he was targeted because of his age.Which of the following statements is most likely to be true in this case?

A) TGT Foods can be held liable for age discrimination if the company retained any employees younger than Paul.
B) TGT Foods can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.
C) TGT Foods can eliminate its liability by having Paul sign a waiver that prevents him from filing a claim with the Equal Employment Opportunity Commission.
D) TGT Foods can defend the claim for age discrimination because actions taken during acquisitions and mergers are exempt from the Age Discrimination in Employment Act protection.

Question 30

In the context of proof of pretext,which of the following statements is true?

A) Proof of pretext is not required if an employer had a financial reason behind discriminating against an employee based on age.
B) Proof of pretext is only required if an employee being discriminated against is younger than 40.
C) Where there is direct evidence of discrimination, proof of pretext is not required.
D) Where an employer presents conflicting rationales for the adverse employment action, an employee cannot show that pretext exists.

Question 31

According to the Age Discrimination in Employment Act,which of the following individuals can be subjected to compulsory retirement based on age?

A) High-level employees with substantial executive authority who are older than 40
B) Midlevel managers who are older than 65
C) High-level employees with substantial executive authority who will receive a company pension of $44,000 or more
D) All managers, regardless of their supervisory level, who are older than 40 and will receive a company pension of $20,000 or more

Question 32

Which of the following is a negative side effect of the Employee Retirement Income Security Act?

A) It has made the provision of benefit plans more costly for employers.
B) It has allowed employers to discriminate against certain employees in their determination of eligibility for pension benefits.
C) It has caused many employees to lose their benefits when their companies undergo management reorganizations.
D) It has caused employees to lose their benefits when they become sick and are forced to quit their job prior to the time at which their pension rights vest.

Question 33

Steve is a police officer with the New York Police Department (NYPD).NYPD asks Steve to retire when he turns 65.It also informs Steve that he is eligible for an annual pension of $40,000.Steve feels that he is a good police officer and that he has been unfairly discriminated against because of his age.He files a complaint under the Age Discrimination in Employment Act against the NYPD).Which of the following statements is true in this case?

A) Steve will most likely win the case as it is illegal to subject an employee who receives less than $44,000 a year to mandatory retirement.
B) Steve will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement.
C) Steve will most likely lose the case as he is not a high-level employee.
D) Steve will most likely win the case as he is not yet 70, and it is only legal to subject employees who are 70 and older to mandatory retirement.

Question 34

In O'Connor v.Consolidated Coin Caterers,the U.S.Supreme Court held that:

A) a plaintiff can state a claim as long as she or he is replaced by someone younger, even if the replacement is 40 years old or older.
B) a plaintiff can state a claim for age discrimination only if the plaintiff has worked for the employer for five years or more.
C) claims of disparate impact discrimination are not recognized under the Age Discrimination in Employment Act.
D) burden shifting occurs in Age Discrimination in Employment Act cases.

Question 35

Charlton Wayne,aged 63,was a manager at the Old World Exotic Wood Furniture Corp.His supervisor,Dolores,frequently made derogatory age-related comments about Charlton to other workers.Dolores encouraged Charlton's co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity.Charlton filed a complaint under the Age Discrimination in Employment Act against Dolores.In this case,Charlton can make a prima facie case for _____.

A) quid pro quo
B) hostile environment
C) disparate impact discrimination
D) reverse discrimination

Question 36

Which of the following statements is true of retaliation claims made under the Age Discrimination in Employment Act (ADEA)?

A) The ADEA prohibits retaliation only if it is in the form of a dismissal.
B) The ADEA does not protect federal employees from retaliation because the public sector language in the ADEA is different from the private sector language.
C) Retaliation claims cannot be made by an employee if the employee has had a negative performance review.
D) Punitive damages are available for retaliation claims.

Question 37

Chris,62,applies for a job at Turnhook Fishing Corp.The company has concerns that applicants over age 40 will not be able to handle the strenuous nature of the job.It implements a requirement that all applicants have 20/20 vision in hopes of weeding out older candidates.Which of the following claims is most likely to be made against Turnhook?

A) Reverse discrimination claim
B) Quid pro quo claim
C) Hostile work environment claim
D) Disparate impact claim

Question 38

Under Title VII of the Civil Rights Act of 1964,if an employer uses the bona fide occupational qualification as a defense to an age discrimination claim,the employer has to demonstrate that:

A) it pays all of its workers in that band the same salary regardless of their age.
B) substantially all of the members of that class are unable to perform adequately in the position in question.
C) all of the members of that class are not preferred by the employer's customers.
D) it has hired older workers for other roles including executive, managerial, and other supervisory roles.

Question 39

Under the Age Discrimination in Employment Act,which of the following is not one of the elements that an employee must establish to persuade the court that she or he has a claim for age discrimination based on disparate treatment?

A) She or he suffered an adverse employment action.
B) She or he is in the protected class.
C) Others not in the protected class were treated more favorably.
D) Age was the only factor considered in the adverse employment decision.

Question 40

Scott Murphy was hired as a software engineer by Oberon Technology's Chief Computer Scientist Alicia Monroe.He was 46 at the time he was hired.He worked for the company for five years and was terminated by Alicia for poor performance.Scott filed a claim for age discrimination.Which of the following defenses is most likely to be used by Alicia in this case?

A) The same-actor defense
B) The contributory negligence defense
C) The comparative fault defense
D) The assumption-of-risk defense

Question 41

There is a great deal of skepticism relating to statistical evidence in age discrimination cases precisely because of the fact that:

A) most lawyers are incapable of understanding statistical terms such as expected value and standard deviation.
B) older workers are likely to be replaced by younger workers as a result of attrition of the workforce.
C) even in a disparate treatment class action or pattern and practice suit, gross statistical disparities do not make out a prima facie case of discrimination.
D) it cannot be applied in disparate impact cases.

Question 42

Maxine is offered an early retirement incentive in exchange for her signing a waiver of any Age Discrimination in Employment Act claims she might have related to the early retirement plan.She is presented with the offer on June 9,2014,and told that she has until June 13,2014,to accept the offer and sign the waiver.She signs the waiver on June 11,2014,but she later wishes to bring an Age Discrimination in Employment Act claim based on an aspect of the early retirement plan that is unfavorable to her.Will the waiver preclude her claim? Explain.

Question 43

Chad was 54 years old when he was hired as a disc jockey by William.Two years later,as William's business was failing,Chad was laid off by William.Chad felt that he was laid off because of his age,so he brought a claim of age discrimination against William.On the basis of these facts alone,briefly discuss William's defenses to Chad's claim.

Question 44

Distinguish the perception of older workers from the reality of their impact in the workplace.

Question 45

Harry worked for VF Delivery Service for 35 years.His job included loading trucks,driving trucks to residential and commercial locations,and handing over items to the recipient.He is 60 years old and was fired recently.He claimed age discrimination under the Age Discrimination in Employment Act.VF Delivery Service will prevail if it can show that:

A) Harry no longer has 20/20 vision, which is required to safely drive the trucks.
B) Harry signed a waiver without the presence of an attorney.
C) Harry will receive an early retirement incentive from the company.
D) Harry's salary is substantial enough to be an economic burden on the company.

Question 46

What method must an employee filing an action against his or her employer under the Age Discrimination in Employment Act utilize to prove age discrimination? List the elements that must be established by an employee to persuade the court that she or he has a claim for age discrimination.

Question 47

What are the Equal Employment Opportunity Commission's interpretive rules that offer guidance regarding the language used in advertisements?

Question 48

Laura Mills is 55 years old.She has been employed with PilotCo Corp.for 17 years.She was offered early retirement and asked to sign a waiver of her right to file a claim under the Age Discrimination in Employment Act.Laura was given 21 days to review the waiver and sign it.Laura was out of work due to illness for 17 days.She signed the waiver when she reported for work after being reminded that she only had four days left to make a decision.Several days later,Laura changed her mind and decided to file a claim for age discrimination.Which of the following statements is most likely to be true in this case?

A) Laura has no recourse since she voluntarily signed the waiver.
B) Laura can file the claim for age discrimination because she was sick when she signed the waiver.
C) Laura can file the claim for age discrimination because the waiver did not comply with the requirement specifying that each employee be given 45 days to review the waiver.
D) Laura cannot file the claim for age discrimination because she was given more than 15 days to consider her decision, and waivers, once signed, are final.

Question 49

A(n)_____ is the intentional relinquishment of a known right.

A) burden shift
B) equitable relief
C) waiver
D) pretext

Question 50

In 1990,Congress enacted the Older Workers' Benefit Protection Act (OWBPA),amending section 4(f)of the Age Discrimination in Employment Act (ADEA).The OWBPA:

A) forces employers to compensate older employees subjected to age discrimination.
B) concerns the legality and enforcement of early retirement programs that require older workers to waive their rights under the ADEA.
C) makes early retirement programs that require waivers illegal.
D) concerns the legality of awarding punitive damages in addition to equitable relief by courts to a successful plaintiff in an age discrimination suit.