D352 TOPIC 4 - Age Discrimination

1. Which of the following best distinguishes race, color, sex, religion, and national origin discrimination under Title VII?

A. Only race and sex discrimination are prohibited.

B. Each category addresses a different protected class under federal law.

C. National origin and religion are not covered under Title VII.

D. Sex discrimination only applies to male employees.

B. Each category addresses a different protected class under federal law.

What trend has been observed in the employment of older workers in the United States in recent years?

A. Older workers are retiring earlier than ever before.
B. The percentage of older workers in the workforce is declining rapidly.
C. Many older workers are staying employed longer due to economic necessity or choice.
D. Employers have universally moved to phase out older employees.

C. Many older workers are staying employed longer due to economic necessity or choice.

The Age Discrimination in Employment Act (ADEA) was enacted to:

A. Prevent workplace violence.
B. Promote retirement at age 60.
C. Prohibit employment discrimination against individuals 40 years of age and older.
D. Replace Social Security benefits.

C. Prohibit employment discrimination against individuals 40 years of age and older.

Which of the following is NOT an element of a prima facie case for disparate treatment age discrimination under the ADEA?

A. The individual is at least 40 years old.
B. The individual was meeting the employer’s expectations.
C. The individual has a criminal record.
D. The individual was replaced by someone substantially younger.

C. The individual has a criminal record.

Which of the following is a valid employer defense in an ADEA disparate treatment claim?

A. The decision was based on a reasonable factor other than age (RFOA).
B. The employee had no family support.
C. The employee had prior salary increases.
D. The employer was downsizing all departments.

A. The decision was based on a reasonable factor other than age (RFOA).

In examining age discrimination claims, which of the following would most likely violate the ADEA?

A. Terminating an older worker as part of a company-wide reduction in force.
B. Promoting a younger, more qualified employee over a less qualified older one.
C. Replacing an older worker with someone substantially younger without a valid reason.
D. Offering early retirement incentives to all employees over 55.

C. Replacing an older worker with someone substantially younger without a valid reason.

Which of the following would most likely qualify as a Reasonable Factor Other than Age (RFOA)?

A. Terminating employees based on hair color.
B. Promoting employees under 30 only.
C. Reducing work hours based on productivity statistics.
D. Forcing retirement at age 65.

C. Reducing work hours based on productivity statistics.

. What is a key constraint on an employer’s ability to rely on RFOAs in hiring practices?

A. RFOAs must always favor younger workers.
B. RFOAs must not disproportionately harm older employees without justification.
C. RFOAs must be based on religion or national origin.
D. RFOAs cannot be discussed in court.

B. RFOAs must not disproportionately harm older employees without justification.

In reduction in force (RIF) situations, age discrimination laws:

A. Require employers to retain only employees over age 40.
B. Do not apply if the employer is reducing costs.
C. Require objective criteria to avoid targeting older workers.
D. Mandate early retirement for all senior employees.

C. Require objective criteria to avoid targeting older workers.

Under the Older Workers Benefit Protection Act (OWBPA), what protection is specifically granted to older workers considering retirement?

A. Guaranteed job reinstatement after retirement.
B. A requirement to waive all discrimination claims.
C. A minimum period to consider severance agreements before signing.
D. No right to consult an attorney before signing agreements.

C. A minimum period to consider severance agreements before signing.

“Crystallized intelligence” is a term that means an older worker has done which of the following?

A. Become petrified in their thinking

B. Built up beneficial knowledge competencies

C. Built up specific firm knowledge that is out of date

D. None of the above

B. Built up beneficial knowledge competencies

An employer hires and then fires a 50-year-old employee, who then files a lawsuit 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. Which defense would the employer apply in this situation?

A. Benchmark defense

B. Same actor defense

C. Past performance defense

D. Aged employee defense

B. Same actor defense

Which of the following is the most common employer defense to Age Discrimination in Employment Act (ADEA) disparate treatment claims?

A. Bona fide occupational qualification

B. An Equal Employment Opportunity Commission (EEOC) special exception

C. Treatment by supervisors was unknown to the rest of the company

D. Ignorance of the established laws

A. Bona fide occupational qualification

Most employers claim there is a bona fide occupational qualification (BFOQ) requiring a certain age, stating that being a certain age adds an inherent risk to the safety of the job or a person’s ability to do the job.

In order to establish a prima facie case for age discrimination under the Age Discrimination in Employment Act (ADEA), the claimant might provide that they were treated less favorably than another younger employee. What qualifies as a younger employee?

A. The only qualifier is that they must be younger.

B. The employee must be younger than the age of 40.

C. The employee must be at least one year younger.

D. The employee must be substantially younger than the complaining employee.

D. The employee must be substantially younger than the complaining employee.

A favored younger employee may be 40 years of age or older as long as they are substantially younger than the complaining employee.

When a firm eliminates one or more positions as part of a strategic business plan to realign operations, reduce costs, or both, what is this referred to as?

A. Reduction in force

B. Cost-saving measures

C. Reduction in older workforce

D. Decreasing overhead measures

A. Reduction in force

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

A. 60; 7

B. 60; 120

C. 21; 7

D. 21; 60

C. 21; 7

Which of the following is an exception to the Age Discrimination in Employment Act's (ADEA) 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 who have turned 70 years of age in a government position

D. Both A and B

D. Both A and B