Discuss the age discrimination in employment act

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Reference no: EM131422649

Employment law of Business Ch12 - 7th Edition- Age Discrimination

1. Al is a 45-year-old worker who is replaced by a 40-year-old worker. In the context of the Age Discrimination in Employment Act, which of the following statements is most accurate?

A) Al will be unable to make a claim under the Act because the act applies to workers above 50.

B) Al will be unable to make a claim under the Act because his replacement is over 40.

C) Al will be able to make a claim under the Act.

D) Al will be able to make a claim under the Act only if he is disabled.

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

A) It bars an employee from pursuing a claim if the employer treated another older worker better.

B) It only protects employees over 50 from discrimination.

C) It protects employees from reverse discrimination.

D) It allows an employer to rebut a prima facie case of age discrimination by identifying any "reasonable factor other than age" that motivated the decision.

3. Sara, 40, has been working for Global Solutions for the last 10 years. Many of her colleagues and subordinates were convinced that she will soon become a part of the top-management of the company. Sara's employment, however, was terminated by the company shortly later. This is an example of a(n):

A) affirmative action.

B) business necessity.

C) adverse employment action.

D) reverse discrimination.

4. An extensive study conducted by a very reputed organization has proved that the eyesight and motor coordination skills of human beings start deteriorating after the age of 50. After the publication of this report, Alliance Airlines has asked its existing above 50 pilots to consider other career options for themselves. It has also decided that it will not hire pilots who are above 50 years of age. This will qualify as:

A) disparate treatment.

B) disparate impact.

C) reverse discrimination.

D) bona fide occupational qualification.

5. Miranda, 45, is considering bringing disparate impact charges against the company she is working for. In order to do so, she will have to show that:

A) the facially neutral policy imposed by her employer has a different effect on older group of workers.

B) she belongs to a protected class.

C) she was doing her job well enough to meet her employer's legitimate expectations.

D) employees not under the protected class were treated more favorably.

6. Nick, aged 45, is an employee of Fizz Drinks. His declining performance has been a major concern for his boss for the last one year. In spite of repeated interventions and warnings, Nick has not been able to improve his performance. His boss has finally decided to terminate him. Nick is thinking of suing the company under the Age Discrimination in Employment Act but, in this case, his boss has a strong case for his own defense. What is that?

A) Affirmative action

B) Reasonable factor other than age

C) Reasonable accommodation

D) Bona fide occupational qualification

7. Damages designed to punish a party being sued rather than compensate the injured party are known as:

A) incidental damages.

B) nominal damages.

C) punitive damages.

D) equitable damages.

8. The intentional relinquishment of a known right is known as a(n):

A) disclaimer.

B) reinstatement.

C) estoppel.

D) waiver.

9. Which of the following is not in the form of money, but in the form of injunctions, reinstatement, and promotions, etc.?

A) Equitable relief

B) Liquidated damages

C) Punitive damages

D) Codicil

10. Which of the following limit awards to a predetermined amount?

A) Codicils

B) Liquidated damages

C) Punitive damages

D) Equitable reliefs

Reference no: EM131422649

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