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

Quizplus · Accepted Answer

The same-actor defense is most likely to be used by Alicia in this case. The presumption in the same-actor defense is that when the same person hires and fires a worker protected by the Age Discrimination in Employment Act, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate. As Scott was both hired and fired by Alicia, Oberon can use the same-actor defense in this case.

Scott Murphy Was Hired as a Software Engineer by Oberon