Chapter 12 Legal Issues in Hrm Quiz

Al is a 35-year-old worker who is replaced by a 30-year-old worker. In the context of the Age Discrimination in Employment Act, which of the following statements is most accurate?

Al will be unable to make a claim under the Act because his is under 40. Someone under the age of 40 is barred from making a claim under the Age Discrimination in Employment Act.

Which of the following is false with regard to the Age Discrimination in Employment Act?

It bars an employee from pursuing a claim if the employer treated an older worker better. The Age Discrimination in Employment Act does not bar workers from pursuing a claim if the employer treated an older worker better.

Which of the following limits awards to a predetermined amount?

Liquidated damages Liquidated damages are a predetermined amount set forth in a contract.

Which of the following is a punishment in the form of money that seeks to punish the offender(s) at an amount that is generally pretty high?

Punitive damages Punitive damages are an option in some claims and they can be used to truly punish the offender.

Nick, aged 45, is an employee of Fizz Drinks. His declining performance has been a major concern for his boss for the past year. In spite of repeated interventions and warnings, Nick has not been able to improve his performance. His boss has finally decided to terminate him. Nick is thinking of suing the company under the Age Discrimination in Employment Act but, in this case, his boss has a strong case for his own defense. What is that?

Reasonable factor other than age. When employees do not perform up to proper standards and are over 40 years old, they can still be terminated as long as the reason for termination was a factor other than the age of the employee.

Dave, 57 years old, was terminated from his employment as a bus driver after refusing to wear corrective lenses following a vision test which he did not pass. Dave has decided to file a suit for age discrimination. The likely outcome is

The claim will be denied because of the bona-fide job qualification defense. A bona fide job qualification is a valid defense against discrimination.

Employees who have been discriminated against due to their age and who live in a state where age discrimination protections are greater than those provided by the ADEA can

choose to file a state law claim rather than a federal law claim. When an employee wants to file a claim for age discrimination and the state in question has greater age discrimination protection than the ADEA affords, the employee can file either in state or federal court.

An extensive study conducted by a very reputable organization has proved that the eyesight and motor coordination skills of human beings start deteriorating after the age of 50. After the publication of this report, Imperial Airlines has asked for pilot applicants for Imperial's upcoming expansion. Bob, a 54-year-old pilot, was not hired by Imperial Air due to his age; as such, Bob

has no claim due to the age requirement being a bona fide occupational qualification. No valid claim is present for age discrimination if the potential claimant alleges they were discriminated against while the age requirement is part of a bona fide occupational qualification.

Miranda, 45, is considering bringing disparate impact charges against the company she is working for. To do so, she will have to show that

the facially neutral policy imposed by her employer has a different effect on older group of workers. Disparate impact in the workplace can happen when there is a facially neutral policy imposed by the employer that has a different and negative impact on older employees.

The intentional relinquishment of a known right is known as a(n)

waiver. A waiver is an intentional act of relinquishing rights.