Employment and Labor law ch. 9

The Age Discrimination in Employment Act (ADEA) is enforced and administered by:

A- Equal Employment Opportunity Commission.

Steven, an employee with a newspaper company in New York, was not getting a promotion because he was over 55 years of age. He was also not getting increments in comparison to employees who were thirty years and below. He filed complaint with local EEO agency but they ruled out the discrimination. Now he can file suit directly in:

A- Federal Court

In Oubre v. Entergy Operations, Inc, both sides conceded the release the employee signed did not comply with the requirements of the:

A- The Older Workers Benefit Protection Act.

In Western Air Lines v. Criswell, Western claimed the mandatory retirement age for flight engineers was: a. a Bona Fide Occupational Qualification.

A- a Bona Fide Occupational Qualification

Sam was a 55-year-old bus driver with a travel agency, and he had worked with the agency for over 15 years. One morning, his employer told him that he should consider retirement because he was "of a certain age" and it would be best for the safety of the passengers that he be replaced by someone younger. He also insisted that retirement was mandatory for any bus driver over the age of 50 per the company's policy. In this case, his employer needs to:

A- prove that mandatory age of retirement of employees is a Bona Fide Occupational Qualification for the job of a bus driver.

The Age Discrimination in Employment Act provides for suits by the responsible government agency against non federal employees. In this instance:

A- the EEOC must attempt to settle the complaint voluntarily before filing suit.

In O'Connor v. Consolidated Coin Caterers Corp., the court of appeal held that:

A- whether the replacement was over or under 40 years of age was irrelevant

In Kimel v. Florida Board of Regent, the Supreme Court held that the Eleventh Amendment of the U.S. Constitution provides:

A-state governments with immunity from suits by private individuals under the Age Discrimination in Employment Act.

The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees over what age?

B- 40

A recruitment agency was hiring customer support executives. Rolin and Rhonda were both interviewed for the position, however 42-year-old Rolin was rejected despite his experience and educational credentials since the agency felt he was "too old and did not fit the young and perky image required of customer support executives". Twenty-three year old Rhonda was selected, though she lacked experience and relevant education. In this instance, the recruitment agency has clearly violated the:

B- Age Discrimination in Employment Act

Carl is working as a ground staff for Ramset airlines since five years and his employer refused to complete his annual appraisal since he was over fifty years of age. He filed suit alleging violation under Age Discrimination in Employment Act. The court decided in favor of Carl and also ordered for remedies such as:

B- liquidated damages and legal fees.

All of the following are direct impacts of the Age Discrimination in Employment Act (ADEA) except:

B- prohibits the voluntary retirement of employees.

If the waivers are part of a termination incentive program offered to a group or class of employees, the employer must give the employees _____ to consider the waiver.

B- seven days

In McKennon v. Nashville Banner Publishing Co, the employer argued that an employee's after-acquired evidence precluded the right of plaintiff to:

B- sue under the Age Discrimination in Employment Act.

Fifty-five year old Mark has worked with an organization for 20 years and was looking forward to his impending promotion. During his annual appraisal, his supervisor stated that he had "put in enough time" and suggested he step down from his post since most executive employees retired at the age fifty five. In this instance, Mark does not need to resign since:

B- under Age Discrimination in Employment Act mandatory retirement of such executives prior to sixty-five is still prohibited.

The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity Commission within:

B-180 days

In Gross v. FBL Financial Services, Inc., the Supreme Court held that the language of the Age Discrimination in Employment Act (ADEA) does not allow for:

C- "mixed motive" cases.

The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some circumstances, such as with executive employees who are over the age of:

C- 65

In Equal Employment Opportunity Commission v. Tire Kingdom, courts have held that there is no specific statute of limitations on:

C- Age Discrimination in Employment Act suits filed by Equal Employment Opportunity

Fifty-nine year old Linda has worked at a Texas-based manufacturing plant for over 30 years. Her employer offered all workers 55 years of age and over an opportunity to go on early voluntary retirement with good incentives and a bonus plan. Linda felt this would allow her to spend more time with her family and she accepted the offer. In this case, did the employer violate the Age Discrimination in Employment Act?

C- No, because the Age Discrimination in Employment Act does not prohibit voluntary retirement as long as it is truly voluntary.

In _____, the plaintiff claimed that the pay raise policy had a disparate impact against the older officers. The trial court dismissed the suit, and the U.S. Court of Appeals affirmed the dismissal.

C- Smith v. City of Jackson, Mississippi

A plaintiff who alleges violation under the Age Discrimination in Employment Act (ADEA) must establish:

C- a prima facie case.

Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. The working conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while performing his job. Due to the key responsibilities associated with Nicolas' role, the employer asked him to step down from his position to be replaced by his thirty-eight year old team member. In this case, the employer has the burden to prove that removal of Nicolas is:

C- a reasonable factor other than age.

Robert is a sixty-year old sales manager at a local car dealership. Due to the state of the economy, the dealership had to undergo restructuring which resulted in the elimination of Robert's position. The duties he performed were transferred to Gaines who was 42-years old. However, Robert felt that the actual reason for eliminating his position was his age, which was against the arbitration clause in his employment agreement. To provide his case, Robert has to:

C- arbitrate with the employer

In Gilmer v. Interstate/Johnson Lane Corp the Supreme Court held that the securities broker should not litigate and is required to:

C- arbitrate.

In Astoria Federal Savings & Loan v. Solimino, if the state or local EEO agency has ruled that the employee was not the victim of age discrimination; an individual can file an age discrimination suit in:

C- federal court

Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as remedies are subjected to:

C- income tax.

Bruce is an employee of the Regus Group of Companies. His employer was not satisfied with performance and warned Bruce that if he could not improve his productivity, he should consider voluntary retirement since he was already 58 years of age. Within two days of receiving the warning, Bruce was given a notice by the human resources division asking him to submit his resignation without offering any early retirement benefits. In this instance, the employer violated both the Age Discrimination in Employment Act and:

D- Older Workers Benefit Protection Act.

When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in Employment Act (ADEA) provides some specific exemptions, such as:

D- actions pursuant to a bona fide seniority system

Eddy worked with a glass manufacturing company and he was laid off from the firm due to his age. He filed suit under the Age Discrimination in Employment Act. After his removal, the employer provided evidence that proved Eddy had accessed and copied confidential documents prior to his discharge, and that the tampering of documents could preclude the right of the plaintiff to sue under the Age Discrimination in Employment Act. The court would most likely state that:

D- the after-acquired evidence does not preclude the plaintiff's suit but rather goes to the issue of what remedies are available.

If early retirement and waiver are offered to a class of employees, the employer must provide employees with: a. additional time to submit all the paperwork.

D- the factors to determine eligibility for early retirement

Examples of violations of the Age Discrimination in Employment Act (ADEA) do not include:

D- transfer of a worker age of 30 and under.

Employers who are covered under the Age Discrimination in Employment Act (ADEA) should employ at least:

D- twenty employees.

According to General Dynamics Land Systems, Inc. v. Cline, an employer that eliminated health insurance for workers under fifty but continued health insurance for the employees over fifty was held not to have violated the Age Discrimination in Employment Act (ADEA).

False

Even if voluntary retirement is truly voluntary, it is prohibited under the Age Discrimination in Employment Act (ADEA).

False

Federal workers who are at least 25 years of age are protected under the Age Discrimination in Employment Act (ADEA).

False

Mandatory retirements of executive employees who are over the age of sixty-five are prohibited under Section 631(c) of the Age Discrimination in Employment Act (ADEA).

False

Private individuals alleging violation cannot file a suit against their employer under the Age Discrimination in Employment Act (ADEA).

False

The Age Discrimination in Employment Act (ADEA) does not include labor unions and employment agencies.

False

The denial of a promotion to any worker over the age of thirty-five is a violation under the Age Discrimination in Employment Act (ADEA).

False

Age Discrimination in Employment Act prohibits discrimination against employees aged forty and older.

True

American workers of U.S. firms employed in foreign countries are covered under the Age Discrimination in Employment Act.

True

Complaints must be filed within 180 days of alleged ADEA violations with the Equal Employment Opportunity Commission.

True

Retirement ages for firefighters and law enforcement officers are set by local and state government under Section 623(j) of the Age Discrimination in Employment Act (ADEA).

True

The Age Discrimination in Employment Act (ADEA) recognizes that age maybe a bona fide occupational qualification for some jobs.

True

The Equal Employment Opportunity Commission administers and enforces the Age Discrimination in Employment Act (ADEA).

True

Under the Age Discrimination in Employment Act (ADEA), a waiver does not affect an employee's right to contact the Equal Employment Opportunity Commission to pursue a claim.

True