Topic 4

Question 1

This rise in older workers remaining in the workplace longer carries with it a concomitant rise in ______________claims.

Answer 1

Age discrimination

Question 2

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?

Answer 2

Fewer dependents

Question 3

Treating an applicant or employee less favorably because of his or her age.

Answer 3

Age Discrimination

Question 4

Enacted in 1967, it protects employees who are 40 years of age and older.

Answer 4

Age Discrimination in Employment Act (ADEA)

Question 5

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

Answer 5

Arbitrary

Question 6

The court case of General Dynamics Land Systems, Inc v. Cline found that:

Answer 6

Employers may always favor the old over the young, even when both candidates are 40 years of age and older

Question 7

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?

Answer 7

Substantially younger than the complaining employee

Question 8

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.

Answer 8

Plaintiff

Question 9

The most common employer defense to ADEA disparate treatment claims is:

Answer 9

Bona fide occupational qualification

Question 10

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.

Answer 10

Same actor defense

Question 11

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.

Answer 11

Not required

Question 12

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.

Answer 12

Negative

Question 13

An employer defense to a disparate impact claim that age was not a factor in an employment action.

Answer 13

Reasonable Factor Other Than Age (RFOA)

Question 14

Occurs when a business eliminates one or more positions as part of a strategic business plan to realign operations or reduce cost.

Answer 14

Reduction in Force (RIF)

Question 15

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.

Answer 15

Fair

Question 16

The ADEA prohibits elimination of an older worker’s position for budgetary reasons (T/F)

Answer 16

False

Question 17

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.

Answer 17

Analytically distinct

Question 18

Enacted in 1990, it allows employers to offer retirement incentives to older workers.

Answer 18

Older Workers Benefit Protection Act (OWBPA)

Question 19

A statement from a retiring employee that he or she will not make a personal ADEA claim against the employer in exchange for retirement incentives.

Answer 19

ADEA Waivers

Question 20

A workforce reduction plan must contain language recommending consultation with an attorney and has to include both ____-day consideration and ___-day rescission periods.

Answer 20

21:7

Question 21

Most of the time, retirement incentives and accompanying ADEA waivers are:

Answer 21

Made to numerous employees at the same time

Question 22

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

Answer 22

Twenty

Question 23

The many factors which come into play in discrimination cases

Answer 23

Mixed motive

Question 24

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

Answer 24

Reasonable Accommodation

Question 25

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. (T/F)

Answer 25

True

Question 26

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:

Answer 26

Not in violation of the ADEA

Question 27

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

Answer 27

Age stereotypes