Question 1

Charlton Wayne,aged 63,was a manager at the Old World Exotic Wood Furniture Company.His supervisor,Dolores,frequently made age-related comments about Charlton to other workers.These included calling him "old man," "old fogey," and "old fart." On one occasion,when Charlton arrived for a meeting,she told another employee to "go get the wheelchair for the senior citizen." At a different meeting,she asked Charlton,"What's your idea old-timer?" If he disagreed with her,she would call him "senile." She even said that he was "too old to get it up any more." Charlton decided he'd had enough and filed a complaint under the ADEA.Charlton can make out a prima facie case of

Accepted Answer

A)  quid pro quo discrimination.
B)  hostile work environment discrimination.
C)  disparate impact discrimination.
D)  OWBPA discrimination.

Question 2

List the recognized defenses to a claim of age discrimination.

Accepted Answer

The recognized defenses to a claim of ag...

Question 3

According to Oubre v.Entergy Operations,Inc.a former employee can file a claim under the ADEA if the waiver of that right does not comply with the OWBPA.

Accepted Answer

A) True 
 B)False  True

Question 4

Protection against "reverse discrimination" under the Age Discrimination in Employment Act means that

Accepted Answer

A)  an employee who is less than 40 years of age can bring a case for discrimination if a person who is 40 or over is treated more favorably.
B)  an employee who is over 40 years of age can bring a case for discrimination if a person who is older than the employee is treated more favorably.
C)  an employee who is at least 21 but less than 40 years of age can bring a case for discrimination if a person who is 40 or over is treated more favorably.
D)  None of the choices is correct.

Question 5

Harry has worked for Very Fast Delivery Service for 35 years.His job includes loading and driving trucks,as well as driving the trucks to residential and commercial locations and hand delivering items to the recipient.He is 60 years old and has been fired.He brings action under the ADEA for age discrimination.Very Fast will prevail if they can show:

Accepted Answer

A)  Harry's eyesight requires him to wear glasses to maintain 20/20 eyesight.
B)  Harry is suffering from depression since his wife died and his kids moved out.
C)  Harry's arthritis has become so troublesome that he cannot lift his arms above his shoulders and he can't lift more than 10 pounds.
D)  Both A and B.

Question 6

Monica,aged 39,is terminated.Her employer tells her that changes in their selling environment have made older,more mature individuals better suited for her job.Monica will have no claim for age discrimination because the ADEA applies only to employees at least 40 years of age.

Accepted Answer

A) True 
 B)False

Question 7

The Older Workers' Benefit Protection Act of 1990 was passed by Congress to

Accepted Answer

A)  to force employers to compensate older employees subjected to age discrimination.
B)  to address the legality and enforcement of early retirement programs that required older workers to waive their rights under the ADEA.
C)  to make early retirement programs that required waivers illegal.
D)  None of the choices are correct. B

Question 8

Principle enforcement of the ADEA is by:

Accepted Answer

A)  state courts.
B)  federal courts.
C)  the NLRB.
D)  the EEOC.

Question 9

In the case of Hazen Paper Co.v.Biggins,the Supreme Court said it was permissible for an employer to terminate an employee in order to prevent the employee from vesting in the company pension plan because

Accepted Answer

A)  age and years of service are analytically distinct (i.e.,the employer's action was based on plaintiff's eligibility to receive a pension and not his age) .
B)  Supreme Court justices are appointed for life so they don't have to worry about receiving a pension.
C)  plaintiff had worked for the company for less than ten years.
D)  an older worker is always more likely to vest in a pension than a younger worker.

Question 10

The Sandberry Police department transferred Alvin Durkin from a patrol officer to a desk job.Alvin is 50 years old.The police department has a mandatory retirement age of 50 for all patrol officers.When the officer reaches the age of 50,he/she is automatically transferred to a desk job.At that time,the officer can apply for early retirement.Alvin was highly offended and filed a claim for age discrimination under the ADEA.

Accepted Answer

A)  Alvin has a claim because mandatory retirement violates the ADEA.
B)  Police departments are exempt from the ADEA's prohibition of mandatory retirement.
C)  Alvin does not have a claim for age discrimination because he was not fired.
D)  The police department will be liable because Alvin was transferred without his permission.

Question 11

Pat is 59 and has been employed at Greene Industries for 29 years.She was terminated 2 months before she became vested in the company's pension plan.Pat may have a cause of action based on ERISA.

Accepted Answer

A) True 
 B)False

Question 12

Laura Mills is 55 years old.She has been employed with PilotCo for 17 years.She was offered early retirement and asked to sign a waiver of her right to file a claim under the ADEA.Laura was given 21 days to review the waiver and sign it.Laura was out of work due to illness for 17 days.When she returned to work,she signed the waiver after being reminded that she only had 4 days left to make a decision.Several days later Laura changed her mind and decided to file a claim for age discrimination.

Accepted Answer

A)  Laura has no recourse since she voluntarily signed the waiver.
B)  Laura can file the claim for age discrimination because she was sick when she signed the waiver.
C)  Laura can file the claim for age discrimination because the waiver did not comply with the requirements specifying that each employee be given 45 days to review the waiver.
D)  None of the choices are correct.

Question 13

Leslie is a 47 year old woman.She works at the Bulova Gentlemen's Club as a head waitress.When she applies for a position as a topless dancer at the club,she is told that she is too old.Several waitresses,all in their twenties,are selected.Leslie brings a claim under the ADEA.Bulova asserts a BFOQ of "attractiveness" that requires its topless dancers to be "beautiful,nubile and erotic."

Accepted Answer

A)  Leslie can prevail on a claim because she is attractive and physically fit and other clubs have hired women over the age of 40 to dance topless.
B)  Bulova will prevail because the essence of its business permits it to assert the BFOQ.
C)  Bulova will prevail because only a handful of women over age 47 are able to perform the job's requirements adequately.
D)  Leslie can prevail because her mother was a strip-tease artist until she was 57 years old. A

Question 14

A willful violation of the ADEA can result in an award of liquidated damages which is

Accepted Answer

A)  the total of back pay,front pay and any other unpaid wage liability owed to the employee-plaintiff.
B)  compensation for pain and suffering.
C)  an amount that is equal to any unpaid wage liability and results in a doubling of the unpaid wage liability.
D)  an amount sufficient to punish the wrong doer from willfully violating the ADEA in the future.

Question 15

Connie,aged 47,is a supervisory field agent for the Federal Bureau of Investigation.She has been transferred from a field office in Ohio to FBI headquarters in Washington,DC.She believes that her transfer was based on her age.Even if she is correct,she will have no claim for age discrimination because

Accepted Answer

A)  the ADEA applies to employees of private employers,but not to federal government employers.
B)  the ADEA applies to federal government employers but not to employees who work in law enforcement.
C)  a transfer from one city to another is not an adverse employment action for which a complaint can be filed.
D)  None of the choices is correct.

Question 16

Scott Murphy was hired as a computer 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 5 years and then was terminated by Alicia for poor performance.Scott filed a claim for age discrimination.

Accepted Answer

A)  Oberon can use the "same actor" defense in this case.
B)  Oberon will be liable because Scott is a member of the class of workers protected by the ADEA.
C)  Scott will have to offer evidence that other workers over the age of 40 were also terminated in order to prevail.
D)  None of the choices are correct.

Question 17

List the elements for a prima facie cause of action for disparate treatment age discrimination.

Accepted Answer

The elements of a ca...

Question 18

Statistically,older workers are less reliable,less hard working and committed,and have higher rates of absenteeism than younger employees.

Accepted Answer

A) True 
 B)False

Question 19

In November 2006,Mercury Global Media,Inc.hired Sam Smith as a television producer in one of its television stations.At the time,Sam was 58 years old and had over 30 years experience in radio and television.A little over six months later Mercury notified employees that it was selling that station and that the employees would receive special consideration for other positions with Mercury,including other radio and TV stations,Internet video operations and similar entities.Sam applied for a job as a video editor with one of Mercury's subsidiaries but was not hired.A younger displaced employee was given the job.Sam was told that he was not hired because he was "over qualified and over specialized." Sam files a complaint under the ADEA.

Accepted Answer

A)  Sam can argue that the Mercury's use of the terms "over qualified and over specialized" in its reason for not hiring him demonstrate a pretext for age discrimination.
B)  Mercury can argue that it is reasonable for an employer to reject an applicant whose qualifications are excessive because it believed the job would not challenge him,and,therefore,he would continue to seek other employment.
C)  Sam can argue that an applicant in his age group who is hired is unlikely to continue to seek other employment because of the difficulty in someone his age finding another job.
D)  All of the choices are correct.

Question 20

Bob Hughes is 57 years old and was employed by the state as a school bus driver.He had an exemplary record,with no accidents in the 27 years he was employed by the state.Bob was replaced by a younger man,age 31.He filed a claim with EEOC for age discrimination.

Accepted Answer

A)  Bob has a valid claim because he can establish all of the elements of a prima facie case.
B)  Bob cannot file a claim for age discrimination because he is a state employee.
C)  Bob is a state employee and must file his pursuant to OWBPA,not with EEOC.
D)  Bob does not have a claim for age discrimination because he was not more qualified than his replacement.

Exam 11: Religious Discrimination

Correct Answer
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List the recognized defenses to a claim of age discrimination.

Correct Answer
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The recognized defenses to a claim of ag...
View Answer

According to Oubre v.Entergy Operations,Inc.a former employee can file a claim under the ADEA if the waiver of that right does not comply with the OWBPA.

Correct Answer
verified
True

Protection against "reverse discrimination" under the Age Discrimination in Employment Act means that

Correct Answer
verified

Correct Answer
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Monica,aged 39,is terminated.Her employer tells her that changes in their selling environment have made older,more mature individuals better suited for her job.Monica will have no claim for age discrimination because the ADEA applies only to employees at least 40 years of age.

Correct Answer
verified

The Older Workers' Benefit Protection Act of 1990 was passed by Congress to

Correct Answer
verified
B

Principle enforcement of the ADEA is by:

Correct Answer
verified

In the case of Hazen Paper Co.v.Biggins,the Supreme Court said it was permissible for an employer to terminate an employee in order to prevent the employee from vesting in the company pension plan because

Correct Answer
verified

Correct Answer
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Pat is 59 and has been employed at Greene Industries for 29 years.She was terminated 2 months before she became vested in the company's pension plan.Pat may have a cause of action based on ERISA.

Correct Answer
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Correct Answer
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A

A willful violation of the ADEA can result in an award of liquidated damages which is

Correct Answer
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Correct Answer
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Scott Murphy was hired as a computer 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 5 years and then was terminated by Alicia for poor performance.Scott filed a claim for age discrimination.

Correct Answer
verified

List the elements for a prima facie cause of action for disparate treatment age discrimination.

Correct Answer
verified
The elements of a ca...
View Answer

Statistically,older workers are less reliable,less hard working and committed,and have higher rates of absenteeism than younger employees.

Correct Answer
verified

Correct Answer
verified

Bob Hughes is 57 years old and was employed by the state as a school bus driver.He had an exemplary record,with no accidents in the 27 years he was employed by the state.Bob was replaced by a younger man,age 31.He filed a claim with EEOC for age discrimination.

Correct Answer
verified

Exam 11: Religious Discrimination

Correct AnswerverifiedShow Answer

List the recognized defenses to a claim of age discrimination.

Correct AnswerverifiedThe recognized defenses to a claim of ag...View AnswerShow Answer

According to Oubre v.Entergy Operations,Inc.a former employee can file a claim under the ADEA if the waiver of that right does not comply with the OWBPA.

Correct AnswerverifiedTrue

Protection against "reverse discrimination" under the Age Discrimination in Employment Act means that

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Monica,aged 39,is terminated.Her employer tells her that changes in their selling environment have made older,more mature individuals better suited for her job.Monica will have no claim for age discrimination because the ADEA applies only to employees at least 40 years of age.

Correct AnswerverifiedShow Answer

The Older Workers' Benefit Protection Act of 1990 was passed by Congress to

Correct AnswerverifiedB

Principle enforcement of the ADEA is by:

Correct AnswerverifiedShow Answer

In the case of Hazen Paper Co.v.Biggins,the Supreme Court said it was permissible for an employer to terminate an employee in order to prevent the employee from vesting in the company pension plan because

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Pat is 59 and has been employed at Greene Industries for 29 years.She was terminated 2 months before she became vested in the company's pension plan.Pat may have a cause of action based on ERISA.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedA

A willful violation of the ADEA can result in an award of liquidated damages which is

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Scott Murphy was hired as a computer 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 5 years and then was terminated by Alicia for poor performance.Scott filed a claim for age discrimination.

Correct AnswerverifiedShow Answer

List the elements for a prima facie cause of action for disparate treatment age discrimination.

Correct AnswerverifiedThe elements of a ca...View AnswerShow Answer

Statistically,older workers are less reliable,less hard working and committed,and have higher rates of absenteeism than younger employees.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Bob Hughes is 57 years old and was employed by the state as a school bus driver.He had an exemplary record,with no accidents in the 27 years he was employed by the state.Bob was replaced by a younger man,age 31.He filed a claim with EEOC for age discrimination.

Correct AnswerverifiedShow Answer

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The recognized defenses to a claim of ag...
View Answer

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True

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B

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A

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The elements of a ca...
View Answer

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