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

Quizplus · Accepted Answer

An employer who raises the same-actor defense asserts that 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. In Lodis v. Corbis Holdings, Inc., the employer promoted an employee, then immediately gave that employee a negative review in his new position and terminated him. The court refused to extend the same-actor defense to the defendant out of concern that doing so would permit employers to use promotion followed by termination as a means to avoid a charge of retaliation.

An Employer Who Raises the Same-Actor Defense Asserts That