Age Discrimination

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The Regulation of the Employment Relationship
The Employment Law Toolkit: Resources for Understanding the Law and Recurring Legal Concepts
Title Vii of the Civil Rights Act of 1964
Legal Construction of the Employment Environment
Affirmative Action
Race and Color Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Harassment
Sexual Orientation and Gender Identity Discrimination
Religious Discrimination
Age Discrimination
Disability Discrimination
The Employees Right to Privacy and Management of Personal Information
Labor Law
Selected Employment Benefits and Protections

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Question 1

Free

True/False

The Age Discrimination in Employment Act is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.

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False

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Question 2

Free

True/False

If an employee who believes that his or her employer has engaged in age discrimination files a complaint with the federal Equal Employment Opportunity Commission,he or she cannot file a lawsuit in state court under state age discrimination laws as these legal options are mutually exclusive.

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False

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Question 3

Free

True/False

The Age Discrimination in Employment Act makes it unlawful to publish a job advertisement indicating any preference based on age.

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False

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Question 4

Free

True/False

The Age Discrimination in Employment Act does not allow the defense of bona fide occupational qualification to be used by employers.

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Question 5

Free

True/False

Under Title VII of the Civil Rights Act of 1964,an employer cannot justify a practice that has been shown to have a disparate impact by evidencing that it is job-related and consistent with business necessity.

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Question 6

True/False

In Gomez-Perez v.Potter,the U.S.Supreme Court ruled that federal and private sector employees have the same protection from retaliation under the Age Discrimination in Employment Act.

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True

False

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Question 7

True/False

The Hazen Paper Co.v.Biggins case is an important one in the area of reductions in force since the Supreme Court held that there is no disparate treatment under the Age Discrimination in Employment Act when the factor motivating an employer is some feature "other than an employee's age."

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True

False

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Question 8

True/False

When a claim is pretextual,it means that it is the true reason for an action,that there is no underlying motivation.

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False

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Question 9

True/False

In addition to awarding back pay or front pay that adequately compensates a successful plaintiff in an age discrimination action,courts also grant equitable relief such as injunctions,reinstatement,and promotions.

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True

False

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Question 10

True/False

Under the Age Discrimination in Employment Act,a firm may only offer different benefits to older and younger workers if it costs a significant amount more to provide those benefits to older workers.

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True

False

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Question 11

True/False

Based on the court's decision in Oubre v.Entergy Operations,Inc.,if an employee signs a defective waiver,the employee is not required to give back any benefits received under the defective waiver.

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True

False

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Question 12

Multiple Choice

Which of the following statements is true of the Age Discrimination in Employment Act?

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It is less lenient than Title VII of the Civil Rights Act of 1964 regarding the latitude afforded employers' reasons for adverse employment decisions.

It only allows employees to pursue a claim if an employer discriminated against all of its older workers.

It only protects employees over 60 from discrimination.

It does not provide protection from reverse discrimination.

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Question 13

Multiple Choice

The Age Discrimination in Employment Act only protects those employees from discrimination who are over _____ .

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Question 14

Multiple Choice

Carlos,who is 22 years old,is employed as a security officer at JJ Security Corp.,which is a private firm.The manager of JJ Security intends to retain employees who are older as he feels that they are likely to perform better.He fires Carlos and replaces him with Samuel,who is 54 years old.Which of the following statements is most likely to be true in this case?

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Carlos will win an age discrimination suit under the ADEA against JJ Security as it is illegal to fire an employee on the basis of age.

Carlos cannot file an age discrimination suit against JJ Security as reverse discrimination is not covered under the ADEA.

Carlos will win an age discrimination suit under the ADEA against JJ Security as he is a member of the protected class.

Carlos cannot file an age discrimination suit against JJ Security under the ADEA as it is applicable only to federal employees.

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Question 15

Multiple Choice

Barry is 57 years old and is employed by the state as a school bus driver.He has an exemplary record,with no accidents in the past 27 years.Bob,aged 31,replaces Barry.Barry intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA)with the Equal Employment Opportunity Commission.If Barry lives in a state that has not waived sovereign immunity,which of the following statements is most likely to be true?

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Barry has a valid claim and can sue the state because he can establish all of the elements of a prima facie case.

Barry cannot file a claim for age discrimination under the ADEA because he is a state employee.

Barry is a state employee and must file his claim pursuant to the Older Workers' Benefit Protection Act.

Barry does not have a claim for age discrimination under the ADEA as he was replaced by an employee who is older than 30.

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Question 16

Multiple Choice

Which of the following is a form of equitable relief?

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Back pay

Front pay

Liquidated damages

Reinstatement

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Question 17

Multiple Choice

If an employee-plaintiff proves that the employer-defendant willfully violated the Age Discrimination in Employment Act (ADEA),then the court is also allowed to award liquidated damages:

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which are the total of back pay, front pay, and any other unpaid wage liability owed to the employee-plaintiff.

which serve as compensation for pain and suffering.

in an amount that is equal to unpaid wage liability.

in an amount sufficient to prevent the wrongdoer from willfully violating the ADEA in the future.

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Question 18

Multiple Choice

Catherine,aged 59,is employed as a makeup artist with a local department store.The company hires a new manager,Ryan.Ryan fires Catherine and gives her job to Katrina,aged 42.Under the Age Discrimination in Employment Act,Catherine:

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does not have a valid claim because Catherine's replacement must be at least 20 years younger than Catherine.

does not have a valid claim because the person who hired her is not the one who fired her.

has a valid claim because the employer did not correctly apply the provisions of the Old Workers' Benefit Protection Act.

has a valid claim even though her replacement is a member of the protected class.

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Question 19

Multiple Choice

The decision of the court in Gross v.FBL Financial Servs.Inc.that no burden shifting occurs in Age Discrimination in Employment Act (ADEA)cases means that:

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employers can no longer use the same-actor defense.

mandatory retirement based on age is legal if an employee is older than 50.

reasonable factor other than age defense can no longer be used by employers in a disparate treatment case.

mixed-motives age discrimination claims do not exist under the ADEA for disparate treatment claims.

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Question 20

Multiple Choice

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?

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She or he suffered an adverse employment action.

She or he is in the protected class.

Others not in the protected class were treated more favorably.

Age was the only factor considered in the adverse employment decision.

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