Chapter 4

Question 1

Age discrimination claims:

Have been constant for two decades
Are on a steep decline due to good employment practices
Are on the rise
Are on the decline

Answer 1

Are on the rise

Question 2

Author Dave Bernard, in a 2012 U.S. News and World Report article, argues that older workers are better workers because:

They are generally early adopters of technology
They possess abundant knowledge and experience
They create many new and innovative ideas
They have a weak internal compass

Answer 2

They possess abundant knowledge and experience

Question 3

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

Answer 3

All of the above

Question 4

Employment policies made it difficult for older workers to retain employment and find new employment after termination. In response, Congress passed the:

EBRI
NRLA
ADEA
ALAPA

Answer 4

ADEA - Age Discrimination in Employment Act

Question 5

The ADEA applies to public and private employers and unions with more than _______ employees.

Fifty
Twenty
Thirty
Fifteen

Answer 5

Twenty

Question 6

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 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 in this situation can only make a decision based on age and experience. No other factors can be considered

Answer 6

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

Question 7

How old must an employee be to claim age discrimination under the ADEA?

Must be over the age of 50
All ages can claim age discrimination
Must be over the age of 40
Must be over the age of 30

Answer 7

Must be over the age of 40

Question 8

In age discrimination, what is the meaning of a mixed motive?

The many factors which come into play in discrimination cases
Hidden business reasons for discriminating
The claimant has ulterior motives for claiming he/she has been discriminated against
Different employees discriminating for different reasons

Answer 8

The many factors which come into play in discrimination cases

Question 9

Under the ADEA, there is no _______________ for age. Moreover, the condition of being over 40 is not a disability.

Reasonable accommodation
Discrimination protection
Discriminatory measures
Disqualifiers

Answer 9

Reasonable accommodation

Question 10

Which of the following is not a typical position that can be defended by the BFOQ defense?

Cook
Police Officer
Bus Driver
Pilot

Answer 10

Cook

Question 11

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.”

ADEA
RFOA
BFOW
EBRI

Answer 11

RFOA - Reasonable Factor othan than age

Question 12

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?

This is illegal because it is designed to target 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
This action is not legal under the EEOC if it has a negative impact on older employees
The legality of this action depends on if the employer is bound by the rules of a right-to-work state

Answer 12

Even if the practice did have a disparate impact on older employees, the employer could show that the practice was based on a RFOA

Question 13

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 or False

Answer 13

True

Question 14

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

Answer 14

When a firm eliminates one or more positions as part of a strategic business plan to realign operations and/or reduce costs

Question 15

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

Answer 15

All of the above

Question 16

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:

In violation of the ADEA
A violation of the EEOC
Not in violation of the ADEA
Illegal

Answer 16

Not In violation of the ADEA

Question 17

The ADEA was designed to eliminate practices based upon the negative and unsupported _______________ of reduced performance and competence.

BFOQ’s
Age stereotypes
Gender stereotypes
Race stereotypes

Answer 17

Age stereotypes

Question 18

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

Answer 18

To protect older workers from potential abuse and to prevent circumvention of ADEA anti-discrimination protections

Question 19

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:

Yellow dog contracts
Rights waivers
ADEA waivers
OWBPA waivers

Answer 19

ADEA waivers

Question 20

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 or False

Answer 20

True