Employment Law Unit 4 (TEST)
What factors are causing employees to work until they are older than 55 years old? Increased desire to work longer The need for workers to accumulate adequate retirement resources People living longer lives All of the above
All of the above
T/F The ADEA prohibits elimination of an older worker's position for budgetary reasons
False
T/F If two people apply for the same position, and one is 42 and other 52, the employer may not lawfully turn down either on the basis of age, but must make such a decision on the basis of some other factor.
True
T/F In unlawful age discrimination claims, the employer's consideration of the harmful impact of an employment practice and its efforts to mitigate it will be relevant to a successful defense of the rule or policy.
True
Which of the following is not required in establishing a claim of age discrimination under the ADEA? Was qualified for the employment position Is over 40 years of age or older Was made to feel old because the majority of employees are younger Was adequately performing the essential job functions
Was made to feel old because the majority of employees are younger
In general employment terms, what is a reduction in force (RIF)? When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs When a firm tightens previously tight hiring standards When the EEOC lightens discrimination standards When a firm eliminates one misbehaving employee
When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs
Which of the following is not a guideline in determining if an employment rule is a RFOA? Whether the rule was designed to discriminate against older employees Whether the employer has clearly defined the business purpose of the factor The extent to which managers and supervisors are trained to apply the factor without engaging in discrimination Whether the factor itself is clear and applied fairly
Whether the rule was designed to discriminate against older employees
Which of the following is not a reason employers benefit from retaining and hiring older employees? Less turnover Greater understanding of firm history Greater efficiencies Higher health costs
Higher health costs
The Supreme Court in Hazen Paper Co. v. Biggins held that a paper company's decision to terminate an employee because his pension was about to "vest" was: Illegal Not in violation of the ADEA A violation of the EEOC In violation of the ADEA
Not in violation of the ADEA
Unlike the "business necessity test" in Title VII cases, when an employer makes a reasonable business decision impacting older workers, the employer is __________ to search for, or employ, another less-discriminatory practice for achieving the legitimate business purpose. Not required Obligated Required Neither required or not required
Not required
In order to establish a prima facie case for age discrimination under the ADEA, the claimant might provide that he/she was treated less favorably than another younger employee. What qualifies as a younger employee? Substantially younger than the complaining employee Younger than the age of 40 At least one year younger The only qualifier is that they must be younger
Substantially younger than the complaining employee
Author Dave Bernard, in a 2012 U.S. News and World Report article, argues that older workers are better workers because: They have a weak internal compass They possess abundant knowledge and experience They are generally early adopters of technology They create many new and innovative ideas
They possess abundant knowledge and experience
A nursing home decided to reduce costs by terminating its highest-paid and least-productive employees. To ensure that supervisors accurately assessed productivity and did not base evaluations on stereotypes, the employer instructed supervisors to evaluate productivity in light of objective factors such as the number of patients served, errors attributed to the employee, and patient outcomes. Which of the following is true of this example? Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA The legality of this action depends on if the employer is bound by the rules of a right-to-work state This is illegal because it is designed to target older employees This action is not legal under the EEOC if it has a negative impact on older employees
Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA
Most of the time, retirement incentives and accompanying ADEA waivers are: Made on an individual employee basis Made to numerous employees at the same time None of the above
Made to numerous employees at the same time
Age discrimination may also be established when an employee shows that a facially-neutral company policy has a ___________effect on employees covered by the ADEA. Affirmative Neutral Negative Positive
Negative
The ADEA applies to public and private employers and unions with more than _______ employees. Thirty Fifty Fifteen Twenty
Twenty
The amount of women in the workforce: Has decreased Stayed relatively the same since 1975 Is a difficult statistic to collect Has increased
Has increased
How should ADEA waivers be written? To the level that below-average individuals can clearly understand the agreement taking place. To the level of understanding that any corporate lawyer could clearly understand In a manner that can be upheld within the courts of law In a manner calculated to be understood by the individual, or by the average individual eligible to participate in a workforce reduction plan
In a manner calculated to be understood by the individual, or by the average individual eligible to participate in a workforce reduction plan
The employer defense to disparate impact claims is that the employment practice: Is legal because employees have formally agreed to it during the hiring process Is a BFOQ Has consistency across all employees Includes a reasonable factor other than age
Includes a reasonable factor other than age
While individual older employees can have higher health care costs than other employees, in one respect they have lower health costs. Why would that be? Fewer dependents Medicare takes over once they hit a certain age They generally put more thought into their health Less pregnancy-related costs
Fewer dependents
Courts will find a RIF plan discriminatory if: Downsizing is used as an opportunity to eliminate older workers The selection of which employees will be terminated is based on subjective criteria The RIF is initiated as pretext to avoid ADEA concerns All of the above
All of the above
A workforce reduction plan must contain language recommending consultation with an attorney and has to include both ____-day consideration and ___-day rescission periods. 60: 7 60 : 120 21: 60 21 : 7
21:7
The Age Discrimination in Employment Act protects workers that are ____ and older. 50 65 40 45
40
Employment policies made it difficult for older workers to retain employment and find new employment after termination. In response, Congress passed the: ALAPA NRLA ADEA EBRI
ADEA
In exchange for offering retirement incentives, employers require an assurance from the retiring employee that he or she will not make a personal claim against the employer under the ADEA, through so-called: OWBPA waivers Yellow dog contracts Rights waivers ADEA waivers
ADEA waivers
This rise in older workers remaining in the workplace longer carries with it a concomitant rise in ______________claims. Healthcare Gender discrimination Overpayment Age discrimination
Age discrimination
The ADEA was designed to eliminate practices based upon the negative and unsupported _______________ of reduced performance and competence. BFOQ's Race stereotypes Gender stereotypes Age stereotypes
Age stereotypes
The Supreme Court in Hazen Paper Co. v. Biggins, 507 U.S. 604, held that age and seniority are ________________ from each other in the ADEA context. Analytically distinct Indistinguishable Analytically indistinct Unclear
Analytically distinct
Congress first directed the secretary of labor to investigate age discrimination. The Secretary found that age discrimination against older workers was prevalent, with the bulk of the problem stemming from employers setting __________ age maximums Strategic Scientifically backed Reasonable Arbitrary
Arbitrary
Age discrimination claims: Have been constant for two decades Are on a steep decline due to good employment practices Are on the decline Are on the rise
Are on the rise
The most common employer defense to ADEA disparate treatment claims is: The treatment by supervisors was unknown to the rest of the company An EEOC special exception Ignorance to the established laws Bona fide occupational qualification
Bona fide occupational qualification
Which of the following is an exception to the ADEA's prohibition of mandatory retirement ages? A. Firefighters and police officers B. A small number of corporate executives who carry substantial discretionary authority and will have a company pension of at least $44,000 C. Non-pension employees that have turned 70 years of age in a government position Both A and B
Both A and B
Which of the following is not a typical position that can be defended by the BFOQ defense? Bus Driver Police Officer Cook Pilot
Cook
Which of the following is not a reason a RIF plan would be seen as discriminatory? Used as an opportunity to eliminate older workers Eliminates one or more positions as part of a strategic business plan The selection of which employees will be terminated is based on subjective criteria The RIF is initiated as a pretext to avoid ADEA concerns
Eliminates one or more positions as part of a strategic business plan
The court case of General Dynamics Land Systems, Inc v. Cline found that: The employer must always favor the young over the old Only people 40 years of age and older will be highly favored in employment situations Employers may always favor the old over the young, even when both candidates are 40 years of age and older The employer may never favor the old over the young
Employers may always favor the old over the young, even when both candidates are 40 years of age and olde
Courts will not review whether the termination of an older worker was ________, but rather whether it was based upon clear procedures, objective budgetary considerations, and actual position elimination. Fair Thought through Immoral Legal
Fair
How is age considered in Title VII of the Civil Rights Act of 1964? It is a protected class for people 40 years of age and older It is considered a protected class It is considered a protected class for people over 60 It is not considered in the civil rights act
It is not considered in the civil rights act
How old must an employee be to claim age discrimination under the ADEA? Must be over the age of 40 All ages can claim age discrimination Must be over the age of 50 Must be over the age of 30
Must be over the age of 40
To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections through the use of aggressive retirement pressures, in 1990 Congress passed: OWBPA EEOC ADEA NLRB
OWBPA
To establish an ADEA claim, the burden of proof falls squarely on the ___________ to show that "but for" age discrimination the negative job action would not have occurred. Offender Perpetrator Defendant Plaintiff
Plaintiff
The EEOC states that an "employment practice is based on a _______ when it was reasonably designed and administered to achieve a legitimate business purpose in light of the circumstances, including its potential harm to older workers." BFOW EBRI RFOA ADEA
RFOA (reasonable factor other than age)
Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability. Disqualifiers Discrimination protection Discriminatory measures Reasonable accommodation
Reasonable accommodation
When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs, this is referred to as: Reduction in older workforce Cost saving measures Reduction in force Decreasing overhead measures
Reduction in force
This defense is applied when the same employer hires and then fires the 40 years or older plaintiff employee claiming discrimination. The courts have concluded that if the employer was willing to hire a person 40 years of age or older, a permissible inference is present that age was not a motivating factor in the ultimate termination of that same employee. Same actor defense Aged employee defense Past performance defense Bench mark defense
Same actor defense
Which of the following statements is true based on this scenario? An employer asked managers to identify the least productive employees without providing any guidance about how to do so. As a result, older workers were disproportionately rated as least productive. The employer has the right to fire less-productive employees at will, even if it has a negative impact on older workers The design and administration of the practice was reasonable because it increased the likelihood that the employer's stated goal would be achieved and decreased the likelihood that older workers would be disadvantaged. The design and administration of the practice was not reasonable because it decreased the likelihood that the employer's stated goal would be achieved and increased the likelihood that older workers would be disadvantaged. Employers do not have to list distinct reasons for firing an individual based on productivity. If a person is deemed as being less productive, he/she can be fired at will.
The design and administration of the practice was not reasonable because it decreased the likelihood that the employer's stated goal would be achieved and increased the likelihood that older workers would be disadvantaged.
Suppose two people apply for the same position, and one is 42 and other 52. What action can the employer take? Employers can lawfully disqualify either applicant based on age The employer in this situation can only make a decision based on age and experience. No other factors can be considered The employer can just not consider both candidates to avoid an age discrimination claim The employer may not lawfully turn down either on the basis of age, but must make the decision on the basis of some other factor
The employer may not lawfully turn down either on the basis of age, but must make the decision on the basis of some other factor
In age discrimination, what is the meaning of a mixed motive? Different employees discriminating for different reasons The claimant has ulterior motives for claiming he/she has been discriminated against The many factors which come into play in discrimination cases Hidden business reasons for discriminating
The many factors which come into play in discrimination cases
What is happening to the number of people who continue to work after the age of 55? The number of people working after the age of 55 is dropping The number of people continuing to work after the age of 55 is rising The number of people working after age 40 has been relatively stagnant for years The new health care reform has caused it to change drastically
The number of people continuing to work after the age of 55 is rising
What is the purpose of the Older Worker Benefit Protection Act? To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections To protect older workers from being discriminated against in the employment decision process To protect the spouses of older employees from losing benefits once the employee has passed on None of the above
To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections
T/F The so-called ADEA waiver prevents a retiree from personally suing under the ADEA, but does not prevent him or her from making an age discrimination claim with the EEOC.
True
