Question 1

Charles,aged 63,was a manager at the Exotic Wood Corp.His supervisor,Dee,frequently made derogatory age-related comments about Charles to other workers.Dee encouraged Charles' co-workers to be uncooperative toward him and not talk to him as she believed that older people gossip a lot and reduce productivity.Charles filed a complaint under the Age Discrimination in Employment Act against Dee.In this case,Charles can make a prima facie case for ________.
A) quid pro quo
B) hostile environment
C) disparate impact discrimination
D) reverse discrimination

Accepted Answer

In this case, Charles can make a prima facie case for hostile environment. The Sixth Circuit has articulated the prima facie case for hostile environment under the Age Discrimination in Employment Act:
1. The employee is 40 years old or older.
2. The employee was subjected to harassment, either through words or actions, based on age.
3. The harassment had the effect of unreasonably interfering with the employee's work performance and creating an objectively intimidating, hostile, or offensive work environment.
4. There exists some basis for liability on the part of the employer.
As Charles is over 40 and was subjected to harassment through words and actions based on age, which affected his productivity, and with liability lying on the part of the employer, Dee, he can make a prima facie case for hostile environment.

Question 2

Gibraltar Foods Inc.and Thomas' Foods Inc.merge to form a new corporation known as T-G 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.Peter 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) T-G Foods can be held liable for age discrimination if the company retained any employees younger than Paul.
B) T-G Foods can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.
C) T-G Foods can eliminate its liability by having Peter sign a waiver that prevents him from filing a claim with the Equal Employment Opportunity Commission.
D) T-G 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.

Accepted Answer

T-G Foods Inc. can defend the claim for age discrimination if it can provide a reasonable factor other than age (RFOA) for Peter's termination. The RFOA defense includes any requirement that does not have an adverse impact on older workers, as well as those factors that do adversely affect this protected class but are shown to be job-related.

Question 3

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.

Accepted Answer

An employee filing an action against an employer under the Age Discrimination in Employment Act (ADEA) based on disparate treatment must prove age discrimination by utilizing the method of proof for Title VII cases originally set forth in McDonnell Douglas Corp. v. Green and later adapted to age discrimination claims under the ADEA. Under this approach, the employee must establish the following four elements to persuade the court that she or he even has a claim for age discrimination: the employee is in the protected class; she or he suffered an adverse employment action (was terminated or demoted); the employee was doing her or his job well enough to meet her or his employer's legitimate expectations; and others not in the protected class were treated more favorably.

Question 4

In the "same actor" defense,the court reasons that there is no violation of the ADEA in dismissing a worker because:
A) the worker satisfied the relevant criteria to be hired (presumably including age), and later was demoted or fired, it is unlikely that age would be the motivating factor
B) the same actor both hired and fired the worker, so age was likely not the motivating factor
C) the worker ("the actor") fired performs in the same manner as when they were hired, it is unlikely that age is the motivating factor
D) all of the employer's employees are older workers

Accepted Answer

A number of appellate courts, including the First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits, have adopted a defense called the "same actor" defense to age discrimination claims. The circuit courts have applied various weights of strength or value of the defense when the hirer and firer are the same actor. These courts have held that when the same "actor" both hires and fires a worker protected by the ADEA, there is a permissible inference that the employee's age was not a motivating factor in the decision. After all, if someone held discriminatory beliefs about older workers, why would that person have hired the worker in the first place?

Question 5

When a claim is successful under ADEA,which of the following are available to the plaintiff?
A) punitive damages
B) compensatory damages
C) front pay and back pay
D) consequential damages

Accepted Answer

Unlike Title VII, ADEA claimants cannot collect compensatory damages or punitive damages. However, under the ADEA, plaintiffs can recovery attorney fees, front and back pay, and reinstatement pay.

Question 6

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

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.

Question 7

The third requirement to demonstrate a prima facie case of age discrimination based on disparate treatment is that the employee was qualified for the position.All of the following have been used to demonstrate that requirement except:
A) the employee was hired for the position.
B) the employee was never told that he or she did not meet the performance requirements
C) the employee has a series of positive performance reviews
D) the employee received some verbal criticism, but never received written notice that he or she did not meet the performance requirements for the job.

Accepted Answer

With the third requirement, the applicant must prove that he or she was qualified for the position. If the applicant is not qualified, then the employer's decision would be justified and the applicant's claim fails. The position requirements, however, must be legitimate requirements and not merely devised for the purpose of terminating or refusing to hire older workers. Courts have allowed this requirement to be met by the employee simply by showing that the employee was never told that performance was unacceptable. The qualifications requirement is not a difficult one. Courts have even held that the fact that the employee was hired initially indicates that he or she has the basic qualifications.

Question 8

The ADEA requires that employers maintain certain information for employees and applicants for a period of three years.This information includes:
A) rate of pay (if employed)
B) name and address
C) post-secondary education (i.e., schools attended, degrees earned, etc.)
D) date of birth

Accepted Answer

To ensure that appropriate and adequate information exists as to hiring practices in connection with age, the Act has specific record-keeping provisions for employers. Employers are required to maintain the following information for three years for each employee and applicant, where applicable: Name; Address; Date of birth; Occupation; Rate of pay; Compensation earned each week.

Question 9

Each scenario below illustrates a worker who is terminated or demoted.Which scenario does NOT seem to be covered under the ADEA?
A) Fun Times, a toy company, fires Alan, an employee who just reached age 30, because they feel he is too old to connect with the toy market.
B) Sally's supervisor announces one day that he cannot stand all of the "menopausal" women in the room. Two days later, Sally (age 47) and two other employees over age 40 were fired.
C) Reggie, age 46, was terminated because his job was going to be eliminated. He later learns that another employee, age 34, was offered the job at approximately the same rate of pay.
D) Rhoda, age 41, was demoted from lead operator to a subordinate position. A male operator, age 32, with less experience was promoted to the position of lead operator.

Accepted Answer

The Act only protects employees over 40 from discrimination. Unlike Title VII, there is no protection from "reverse" discrimination. Therefore, an individual under 40 cannot file a claim under the Act based on the claim that she was discriminated against because of her youth.

Question 10

David is a police officer with the New York Police Department (NYPD).NYPD asks David to retire when he turns 65.It also informs David that he is eligible for an annual pension of $40,000.David 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) David 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) David will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement.
C) David will most likely lose the case as he is not a high-level employee.
D) David 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.

Accepted Answer

David will most likely lose the case as it is legal for police officers to be subjected to mandatory retirement. Persons in two specific occupations, police officers and firefighters, can be subject to mandatory retirement. As David is a police officer, he can be subject to mandatory retirement.

Question 11

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.

Accepted Answer

In the event of a reduction in force, age discrimination may be proven where: a) an employer refuses to allow the discharged (or demoted) employee to bump others with less seniority, and b) an employer hires younger workers when the jobs become available after the employee was discharged (or demoted) at the prior salary of the older worker.

Question 12

The Older Workers Benefit Protection Act (OWBPA)requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary".To be considered "knowing and voluntary",the waiver must satisfy each of the following requirements except:
A) the waiver must specifically refer to ADEA rights or claims.
B) the employee has sufficient time to review the waiver, and is directed to consult with an attorney before signing.
C) the waiver must be signed in the presence of two independent witnesses and a notary public.
D) in exchange for signing the waiver, the employee must receive consideration in addition to that which he is already entitled to

Accepted Answer

In connection with employee waivers of their rights to file discrimination actions under the ADEA, the OWBPA requires that every waiver must be "knowing and voluntary" to be valid. In order to satisfy this requirement, the waiver must meet all of the following requirements:
1. The waiver must be written in a manner calculated to be understood by an average employee.
2. The waiver must specifically refer to ADEA rights or claims (but may refer to additional acts, such as Title VII or applicable state acts).
3. The waiver only affects those claims or rights that have arisen prior to the date of the waiver (i.e., the employee is not waiving any rights that will be acquired after signing the waiver).
4. The waiver of rights to claims may only be offered in exchange for some consideration in addition to anything to which the individual is already entitled (this usually involves inclusion in an early retirement program).
5. The employee must be advised in writing to consult with an attorney prior to execution of the waiver (this does not mean that the employee must consult with an attorney, but must merely be advised of the suggestion).
6. The employee must be given a period of 21 days in which to consider signing a waiver, and an additional 7 days in which to revoke the signature. Note that where a waiver is offered in exchange for an early retirement plan, as opposed to some other consideration, the individual must have 45 days in which to consider signing the agreement.
If the waiver is executed in connection with an exit incentive (early retirement) or other employment termination program, the employer must inform the employee in writing of the exact terms and inclusions of the program. This information must be sufficient for the employee to test the impact of the selection decision made; in other words, does the decision about inclusion in the program have any discriminatory impact.

Question 13

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

Accepted Answer

Mandatory retirement has been limited to two circumstances. First, a small number of high-level employees with substantial executive authority can be subjected to compulsory retirement at age 65 or beyond if the individual will receive a company pension of $44,000 or more. Second, persons in two specific occupations, police officers and firefighters, have been subject to mandatory retirement.

Question 14

Marissa is 57 and has been a store manager for Lasalle Corp.,a retail store,for 10 years.Lasalle plans to project a more youthful image to its customers.As a result,Marissa gets demoted to an inventory manager role,which requires no customer contact.Marissa files a complaint with the Equal Employment Opportunity Commission.Following the complaint,Marissa gets fired.Which of the following statements is most likely to be true in this case?
A) Marissa'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) Marissa's age discrimination claim is not valid because the Age Discrimination in Employment Act only covers state and federal employees.
C) Marissa'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) Marissa'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.

Accepted Answer

Marissa'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. The Age Discrimination in Employment Act prohibits retaliation, which usually occurs when an employer takes an employment action against an employee, such as a dismissal, a denial of a promotion, a demotion, or a suspension, in response to an age discrimination complaint filed by that employee. In this case, Marissa has an actionable claim for retaliation as Lasalle fired her in response to her age discrimination complaint.

Question 15

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.

Accepted Answer

Punitive damages are available for retaliation claims. Punitive damages are those designed to punish an employer (rather than compensating an employee), and often significantly higher in amount.

Question 16

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.

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.

Question 17

Logan is a midlevel manager at Oranges Inc.When she turns 60,her company forces her to take mandatory retirement in exchange for an annual pension of $40,000.Logan decides to file an age discrimination suit against Oranges.Which of the following statements is true in this case?
A) Logan will most likely lose because it is legal for companies to subject managers, regardless of their supervisory level, to mandatory retirement.
B) Logan 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) Logan 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) Logan will most likely win because it is illegal for companies to subject midlevel managers to mandatory retirement.

Accepted Answer

Logan will most likely win her age discrimination suit against Oranges Inc. because it is illegal for companies to subject midlevel managers to mandatory retirement. High-level employees with substantial executive authority can be subjected to compulsory retirement at age 65 or beyond if the individual will receive a company pension of $44,000 or more.

Question 18

As a defense to an ADEA claim,employers may establish a defense based on reasonable factors other than age (RFOA defense).  In determining the reasonableness of the employment practice,the courts will look to all of the following except:
A) The extent to which the action is related to the employer's stated business purpose.
B) The extent to which the individuals in the protected group contribute to the success or failure of the business.
C) The extent to which the employer assessed the impact of its adverse employment action on older workers.
D) The degree of harm to individuals in the protected group, and the extent to which the employer tried to minimize that harm.

Accepted Answer

In assessing reasonableness of an employment practice, the EEOC lists the following five considerations as relevant:
1. The extent to which the factor is related to the employer's stated business purpose;
2. The extent to which the employer defined the factor accurately and applied the factor fairly and accurately, including the extent to which managers and supervisors were given guidance or training about how to apply the factor and avoid discrimination;
3. The extent to which the employer limited supervisors' discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes;
4. The extent to which the employer assessed the adverse impact of its employment practice on older workers; and
5. The degree of the harm to individuals within the protected age group, in terms of both the extent of injury and the numbers of persons adversely affected, and the extent to which the employer took steps to reduce the harm, in light of the burden of undertaking such steps.

Question 19

Oscar McPhee is the senior vice president of DP Pharmaceuticals Corp.he receives a salary of $249,000 plus bonuses and stock options.Oscar is notified by the HR department that he will have to retire when she turns 65 next year and that he will receive an annual pension of $86,000.He feels it is unfair because his division met or exceeded all of its goals last year,and he is as productive as he has ever been.Which of the following statements is most likely to be true in this scenario?
A) Oscar can file a complaint under the Age Discrimination in Employment Act (ADEA) because mandatory retirement at age 65 is considered age discrimination.
B) Oscar can file a complaint under the ADEA because only police officers and firefighters are subject to mandatory retirement.
C) Oscar cannot file a complaint under the ADEA because he has substantial executive authority, and he will be 65 at the time of retirement and receive a company pension of more than $44,000.
D) Oscar 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.

Accepted Answer

Oscar cannot file a complaint under the Age Discrimination in Employment Act because he has substantial executive authority, and he will be 65 at the time of retirement and receive a company pension of more than $44,000. This exception is a very narrow one and does not allow for compulsory retirement policies for midlevel managers.

Question 20

Which of the following remedies may be awarded to a successful employee/plaintiff in an age discrimination action,including a claim of retaliation?
A) money damages representing back pay and/or even front pay
B) pain and suffering
C) reinstatement to the employee's prior position (in the case of a demotion)
D) punitive damages

Accepted Answer

The court may award a variety of remedies to a successful employee/plaintiff in an age discrimination action. However, where money damages such as back pay (what the employee would have received but for the violation) or front pay (which includes a reasonable and expected amount of compensation for work that the employee would have performed until the time of her expected retirement) are ascertainable and adequately compensate the employee for damages incurred, the court may not grant other equitable relief. Compensation for pain and suffering or emotional distress is not available under the ADEA. Forms of equitable relief include reinstatement, promotions, and injunctions. Punitive damages, which are generally unavailable in ADEA-based claims, are available for retaliation claims. Punitive damages are those designed to punish the employer (rather than compensating the employee), and often significantly higher in amount. The ADEA requires that the employer's conduct be willful, which the U.S. Supreme Court has said means "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute."

Quiz 12: Age Discrimination

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?

In the "same actor" defense,the court reasons that there is no violation of the ADEA in dismissing a worker because:

When a claim is successful under ADEA,which of the following are available to the plaintiff?

The third requirement to demonstrate a prima facie case of age discrimination based on disparate treatment is that the employee was qualified for the position.All of the following have been used to demonstrate that requirement except:

The ADEA requires that employers maintain certain information for employees and applicants for a period of three years.This information includes:

Each scenario below illustrates a worker who is terminated or demoted.Which scenario does NOT seem to be covered under the ADEA?

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

The Older Workers Benefit Protection Act (OWBPA) requires that a signed waiver of an employee's rights to file a claim under the ADEA be "knowing and voluntary".To be considered "knowing and voluntary",the waiver must satisfy each of the following requirements except:

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

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

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

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

As a defense to an ADEA claim,employers may establish a defense based on reasonable factors other than age (RFOA defense) . In determining the reasonableness of the employment practice,the courts will look to all of the following except:

Which of the following remedies may be awarded to a successful employee/plaintiff in an age discrimination action,including a claim of retaliation?