Employment and Labor Law 8th Edition Cihon Test Bank Download

Solution Manual for Employment and Labor Law 8th Edition
by Cihon Castagnera ISBN 1133586600 9781133586609

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TEST BANK
Chapter 9
Discrimination Based on Age
True/False Questions
_____ 1. Age Discrimination in Employment Act prohibits discrimination against employees aged forty
and older.
ANSWER: T
_____ 2. American workers of U.S. firms employed in foreign countries are covered under the Age
Discrimination in Employment Act.
ANSWER: T
_____ 3. The Age Discrimination in Employment Act (ADEA) does not include labor unions and
employment agencies.
ANSWER: F
_____ 4. The denial of a promotion to any worker over the age of thirty-five is a violation under the Age
Discrimination in Employment Act (ADEA).
ANSWER: F
_____ 5. The Age Discrimination in Employment Act (ADEA) recognizes that age maybe a bona fide
occupational qualification for some jobs.
ANSWER: T
_____ 6. According to General Dynamics Land Systems, Inc. v. Cline, an employer that eliminated health
insurance for workers under fifty but continued health insurance for the employees over fifty
was held not to have violated the Age Discrimination in Employment Act (ADEA).
ANSWER: F
_____ 7. Mandatory retirements of executive employees who are over the age of sixty-five are prohibited
under Section 631(c) of the Age Discrimination in Employment Act (ADEA).
ANSWER: F
_____ 8. Retirement ages for firefighters and law enforcement officers are set by local and state
government under Section 623(j) of the Age Discrimination in Employment Act (ADEA).
ANSWER: T
© 2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
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Cihon/Castagnera, Employment & Labor Law, 7e Test Bank page 2
_____ 9. Even if voluntary retirement is truly voluntary, it is prohibited under the Age Discrimination in
Employment Act (ADEA).
ANSWER: F
_____ 10. Under the Age Discrimination in Employment Act (ADEA), a waiver does not affect an
employee’s right to contact the Equal Employment Opportunity Commission to pursue a claim.
ANSWER: T
_____ 11. The Equal Employment Opportunity Commission administers and enforces the Age
ANSWER: T
_____ 12. Private individuals alleging violation cannot file a suit against their employer under the Age
ANSWER: F
_____ 13. Complaints must be filed within 180 days of alleged ADEA violations with the Equal
Employment Opportunity Commission.
ANSWER: T
_____ 14. Federal workers who are at least 25 years of age are protected under the Age Discrimination in
Employment Act (ADEA).
ANSWER: F
Multiple Choice Questions
1. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against

employees over what age?
a. 30
b. 40
c. 55
d. 60
ANSWER: (b)
2. Employers who are covered under the Age Discrimination in Employment Act (ADEA) should employ
at least:
a. five employees.
b. twelve employees.
c. fifteen employees.
d. twenty employees.
ANSWER: (d)
3. In Gross v. FBL Financial Services, Inc., the Supreme Court held that the language of the Age
Discrimination in Employment Act (ADEA) does not allow for:
a. waivers.
b. prima facie cases.
c. “mixed motive” cases.
d. bona fide occupational qualification.
ANSWER: (c)
4. A recruitment agency was hiring customer support executives. Rolin and Rhonda were both
interviewed for the position, however 42-year-old Rolin was rejected despite his experience and
educational credentials since the agency felt he was “too old and did not fit the young and perky
image required of customer support executives”. Twenty-three year old Rhonda was selected, though
she lacked experience and relevant education. In this instance, the recruitment agency has clearly
violated the:
a. Fair Labor Standard Act.
b. Age Discrimination in Employment Act.
c. National Labor Relations Act.
d. Equal Pay Act.
ANSWER: (b)
5. In Kimel v. Florida Board of Regent, the Supreme Court held that the Eleventh Amendment of the
U.S. Constitution provides:
a. state governments with immunity from suits by private individuals under the Age
b. individuals immunity from suits by private employers.
c. federal governments with immunity from suits by state government.
d. all seniority systems and benefit plans “shall require the involuntary retirement of
individuals.”.
ANSWER: (a)
6. A plaintiff who alleges violation under the Age Discrimination in Employment Act (ADEA) must
establish:
a. directed verdict.
b. privacy of contract.
c. a prima facie case.
d. a suo moto case.
ANSWER: (c)
7. Examples of violations of the Age Discrimination in Employment Act (ADEA) do not include:
a. mandatory retirement of workers over age of 55.
b. denial of promotion of a worker age of 50.
c. denial of promotion of a worker age of 55.
d. transfer of a worker age of 30 and under.
ANSWER: (d)
8. In O’Connor v. Consolidated Coin Caterers Corp., the court of appeal said that the plaintiff was not
able to form a prima facie case of alleged violation because the Age Discrimination in Employment Act
(ADEA):
a. applies to employees of age 40 and above.
b. does not provide for disparate impact cases against older officers.
. c. did not require the employer to demonstrate any intention to discriminate.
d. focuses on the effects of the action on the employee rather than the motivation for the
action of the employer.
ANSWER: (a)
9. When the plaintiff has established a prima facie case of age discrimination, the Age Discrimination in
Employment Act (ADEA) provides some specific exemptions, such as:
a. action pursuant to monetary benefits.
b. employers’ right to use their discretion in firing or hiring employees.
c. immunity from suits by private individual.

d. actions pursuant to a bona fide seniority system.
ANSWER: (d)
10. Fifty-two year old Nicolas worked as an operations manager in Austell steel plant. The working
conditions at Austell were quite hazardous and as a result, Nicolas was grievously injured while
performing his job. Due to the key responsibilities associated with Nicolas’ role, the employer asked
him to step down from his position to be replaced by his thirty-eight year old team member. In this
case, the employer has the burden to prove that removal of Nicolas is:
a. in favor of company.
b. based upon company policy.
c. a reasonable factor other than age.
d. lawful at the discretion of the organization.
ANSWER: (c)
11. In _______________ , the plaintiff claimed that the pay raise policy had a disparate impact against
the older officers. The trial court dismissed the suit, and the U.S. Court of Appeals affirmed the
dismissal.
a. Mastie v. Great Lakes Steel Co.
b. Hazen Paper Co. v. Biggins
c. Smith v. City of Jackson, Mississippi
d. Griggs v. Duke Power Co.
ANSWER: (c)
12. All of the following are direct impacts of the Age Discrimination in Employment Act (ADEA) except:
a. applies to employers, labor unions, and employment agencies.
b. prohibits the voluntary retirement of employees.
c. provide for some limited exceptions.
d. recognizes that age may be a bona fide occupational qualification (BFOQ).
ANSWER: (b)
13. Fifty-five year old Mark has worked with an organization for 20 years and was looking forward to his
impending promotion. During his annual appraisal, his supervisor stated that he had “put in enough
time” and suggested he step down from his post since most executive employees retired at the age
fifty five. In this instance, Mark does not need to resign since:
a. he is physically fit to work.
b. under Age Discrimination in Employment Act mandatory retirement of such executives
prior to sixty-five is still prohibited.
c. retirement will violate Americans with Disabilities Act.
d. it is mandatory for his organization to hand him the promotion considering his age and
level of experience.
ANSWER: (b)
14. The Age Discrimination in Employment Act (ADEA) allows mandatory retirement under some
circumstances, such as with executive employees who are over the age of:
a. 50.
b. 55.
c. 65.
d. 70.
ANSWER: (c)
15. Sam was a 55-year-old bus driver with a travel agency, and he had worked with the agency for over
15 years. One morning, his employer told him that he should consider retirement because he was “of
a certain age” and it would be best for the safety of the passengers that he be replaced by someone
younger. He also insisted that retirement was mandatory for any bus driver over the age of 50 per the
company’s policy. In this case, his employer needs to:
a. prove that mandatory age of retirement of employees is a Bona Fide Occupational
Qualification for the job of a bus driver.
b. show proof that the company has consistently enforced mandatory retirement for all
employees over the age of 50.
c. provide a 60-day notification and retirement benefits.
d. provide a written notification, pension and healthcare benefits.
ANSWER: (a)
16. In Western Air Lines v. Criswell, Western claimed the mandatory retirement age for flight engineers
was:
a. a Bona Fide Occupational Qualification.
b. based on customer preference.
c. enforceable by company policy.
d. just prior to his or her 50th birthday.
ANSWER: (a)
17. If the waivers are part of a termination incentive program offered to a group or class of employees,
the employer must give the employees _____________ to consider the waiver.
a. forty-five days
b. seven days
c. ten days
d. twenty-one days
ANSWER: (b)
18. Bruce is an employee of the Regus Group of Companies. His employer was not satisfied with
performance and warned Bruce that if he could not improve his productivity, he should consider
voluntary retirement since he was already 58 years of age. Within two days of receiving the warning,
Bruce was given a notice by the human resources division asking him to submit his resignation
without offering any early retirement benefits. In this instance, the employer violated both the Age
Discrimination in Employment Act and:
a. Health management Act.
b. Americans with Disabilities Act.
c. Fair Equity Management Act.
d. Older Workers Benefit Protection Act.
ANSWER: (d)
19. Fifty-nine year old Linda has worked at a Texas-based manufacturing plant for over 30 years. Her
employer offered all workers 55 years of age and over an opportunity to go on early voluntary
retirement with good incentives and a bonus plan. Linda felt this would allow her to spend more time
with her family and she accepted the offer. In this case, did the employer violate the Age
Discrimination in Employment Act?
a. Yes, because an employer suggesting early voluntary retirement violates Age
b. Yes, because the employer bribed the workers to retire early.
c. No, because the Age Discrimination in Employment Act does not prohibit voluntary
retirement as long as it is truly voluntary.
d. The information provided is not sufficient to establish violation of the Age

ANSWER: (c)
20. If early retirement and waiver are offered to a class of employees, the employer must provide
employees with:
a. additional time to submit all the paperwork.
b. monetary grants.
c. legal documents and access to an attorney.
d. the factors to determine eligibility for early retirement.
ANSWER: (d)
21. In Oubre v. Entergy Operations, Inc, both sides conceded the release the employee signed did not
comply with the requirements of the:
a. The Older Workers Benefit Protection Act.
b. Americans with Disability Act.
c. Health Insurance Portability and Accountability Act.
d. National Labor Relation Act.
ANSWER: (a)
22. The Age Discrimination in Employment Act (ADEA) is enforced and administered by:
a. Equal Employment Opportunity Commission.
b. National Rural Employment Commission.
c. National Industrial Relation Association.
d. Young Men of America Association.
ANSWER: (a)
23. Steven, an employee with a newspaper company in New York, was not getting a promotion because
he was over 55 years of age. He was also not getting increments in comparison to employees who
were thirty years and below. He filed complaint with local EEO agency but they ruled out the
discrimination. Now he can file suit directly in:
a. federal court.
b. court of appeals.
c. district court.
d. bankruptcy courts.
ANSWER: (a)
24. The complaint of an alleged ADEA violation must be filed with the Equal Employment Opportunity
Commission within:
a. 60 days.
b. 180 days.
c. 190 days.
d. 300 days.
ANSWER: (b)
25. In Astoria Federal Savings & Loan v. Solimino, if the state or local EEO agency has ruled that the
employee was not the victim of age discrimination; an individual can file an age discrimination suit
in:
a. circuit court.
b. court of appeals..
c. federal court.
d. district court.
ANSWER: (c)
26. In McKennon v. Nashville Banner Publishing Co, the employer argued that an employee’s after-
acquired evidence precluded the right of plaintiff to:
a. work in a new company.
b. sue under the Age Discrimination in Employment Act.
c. get monetary dues from employer.
d. get back the documents.
ANSWER: (b)
27. In Gilmer v. Interstate/Johnson Lane Corp the Supreme Court held that the securities broker should
not litigate and is required to:
a. abide by the agreement.
b. submit his letter of resignation.
c. arbitrate.
d. award back pay.
ANSWER: (c)
28. Robert is a sixty-year old sales manager at a local car dealership. Due to the state of the economy, the
dealership had to undergo restructuring which resulted in the elimination of Robert’s position. The
duties he performed were transferred to Gaines who was 42-years old. However, Robert felt that the
actual reason for eliminating his position was his age, which was against the arbitration clause in his
employment agreement. To provide his case, Robert has to:
a. garner support from his colleagues.
b. establish a prima facie case alleging violation.
c. arbitrate with the employer.
d. ask for higher compensation.
ANSWER: (c)
29. Eddy worked with a glass manufacturing company and he was laid off from the firm due to his age.
He filed suit under the Age Discrimination in Employment Act. After his removal, the employer
provided evidence that proved Eddy had accessed and copied confidential documents prior to his
discharge, and that the tampering of documents could preclude the right of the plaintiff to sue under
the Age Discrimination in Employment Act. The court would most likely state that:
a. after acquired documents have no significance in this kind of case.
b. the employer violated the Age Discrimination in Employment Act and the plaintiff is not
guilty of tampering with documents.
c. the case was in favor of the employer and precluded the rights of plaintiff to sue against
employer.
d. the after-acquired evidence does not preclude the plaintiff’s suit but rather goes to the
issue of what remedies are available.
ANSWER: (d)
30. The Age Discrimination in Employment Act provides for suits by the responsible government agency
against non federal employees. In this instance:
a. the EEOC must attempt to settle the complaint voluntarily before filing suit.
b. the time limitation for the required conciliation effort is sixty days.
c. the 1991 amendments to the ADEA enforced the previous time limits spelled out for suits
by the EEOC.
d. at present, the courts are split on the question of when the EEOC suit must be filed.
ANSWER: (a)
31. In Equal Employment Opportunity Commission v. Tire Kingdom, courts have held that there is no
specific statute of limitations on:
a. private individuals suit.
b. filing a prima facie case against federal government.
c. Age Discrimination in Employment Act suits filed by Equal Employment Opportunity
Commission.
d. Americans with Disability act suits filed by federal government.
ANSWER: (c)
32. Back pay and liquidated damages recovered under the Age Discrimination in Employment Act as
remedies are subjected to:
a. wealth tax.
b. gift tax.
c. income tax.
d. property tax.
ANSWER: (c)
33. Carl is working as a ground staff for Ramset airlines since five years and his employer refused to
complete his annual appraisal since he was over fifty years of age. He filed suit alleging violation
under Age Discrimination in Employment Act. The court decided in favor of Carl and also ordered
for remedies such as:
a. back pay.
b. liquidated damages and legal fees.
c. increment of salary.
d. reinstatement.
ANSWER: (b)
Short Answer Questions
1. What is meant by “age discrimination in employment” and under which act is it prohibited?
ANSWER: Discrimination in terms or conditions of employment because of age is referred to as age
discrimination in employment. It is prohibited under the Age Discrimination in Employment Act of
1967 (ADEA).
2. Who are covered under Age Discrimination in Employment Act?

ANSWER: Age Discrimination in Employment Act covers employers with twenty or more
employees, labor unions operating a hiring hall or with twenty-five or more members,
employment agencies and federal government employees.
3. Provide examples of violations of the Age Discrimination in Employment Act.

ANSWER: Examples of violations under Age Discrimination in Employment Act are
a. The mandatory retirement of workers over age fifty-five while allowing workers under
fifty-five to transfer to another plant location.
b. The denial of a promotion to a qualified worker because the employee is over fifty.
4. What are the exemptions and defenses available for employers when a plaintiff establishes a prima
facie case of age discrimination?
ANSWER: Employer can strengthen his case by giving some defenses and exemption like
a. Actions pursuant to a bona fide seniority system, retirement, pension or benefit system
b. for good cause or
c. for a reasonable factor other than age.
5. How is the Age Discrimination in Employment Act enforced and administered?

ANSWER: The ADEA is enforced and administered by the Equal Employment Opportunity
Commission. The EEOC acquired the enforcement responsibility from the Department of
Labor pursuant to reorganization in 1978.
6. What are the procedures to file complaint for alleged violation under Age Discrimination in
Employment Act?
ANSWER: An individual alleging a violation of the ADEA must file a written complaint with the
Equal Employment Opportunity Commission and with the state or local equal
employment opportunity (EEO) agency. The complaint must be filed with the EEOC
within 180 days of the alleged violation if no state or local agency exists.
7. What is the procedure by which a federal employee can file the complaint of alleged violation under
ADEA?
ANSWER: A federal employee agency must file the complaint with the Equal Employment
Opportunity Commission within 180 days of the alleged violation. The employee may
file suit in federal court after thirty days from filing with the Equal Employment
Opportunity Commission.
8. What are the remedies available for plaintiffs under the Age Discrimination in Employment Act?
ANSWER: Remedies available for plaintiff under the Age Discrimination in Employment Act
include recovery of back wages owing and legal fees.
Essay Questions
1. What are the provisions of the Age Discrimination in Employment Act?

ANSWER: The Age Discrimination in Employment Act prohibits the refusal or failure to hire, the
discharge, or any discrimination in compensation, terms, conditions, or privileges of
employment because of an individual’s age(forty and older). The act applies to
employers, labor unions, and employment agencies. The main effect of the act is to
prohibit the mandatory retirement of employees. The act does not affect voluntary
retirement by employees. It does provide for some limited exceptions and recognizes that
age may be a bona fide occupational qualification (BFOQ).
2. What is bona fide seniority or benefit plan? What is its significance?

ANSWER: The ADEA allows an employer to observe the terms of a bona fide seniority system or
employee benefit plan, such as a retirement or pension plan, as long as the plan or
system is not subterfuge to evade the purpose of this Act. The ADEA provides, however,
that no seniority system or benefit plan “shall require or permit the involuntary
retirement of any individual.
3. What is meant by “reasonable factors other than age”? Give an example of how this might help
employers?
ANSWER: The ADEA allows employers to differentiate between employees when the
differentiation is based on a reasonable factor other than age. For example, an employer
may use a productivity based pay system, even if older employees earn less than
younger employees because they do not produce as much as younger employees. The
basis for determining pay would be the employees’ production, not their age.
4. What information should employers provide employees in case of a waiver of claims?

ANSWER: The employer must provide employees with the following information:
• A list of the class eligible for early retirement;
• The factors to determine eligibility for early retirement;
• The time limits for deciding upon early retirement;
• Any possible adverse action if the employee declines to accept early retirement and the
date of such possible action.
5. When is arbitration for ADEA claims enforced?

ANSWER: In general, agreements to arbitrate ADEA claims will be enforced when they were
voluntarily and knowingly agreed to by the employees, but such arbitration agreements
do not prevent the EEOC from bringing a suit on behalf of the individual employees
subject to the arbitration agreements. The employees covered by a collective agreement
that contained an arbitration clause that specifically included age discrimination claims
were required to arbitrate their ADEA claims rather than litigate them.

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Solution Manual for Employment and Labor Law 8th Edition

by Cihon Castagnera ISBN 1133586600 9781133586609

Discrimination Based on Age

Multiple Choice Questions

1. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against

c. immunity from suits by private individual.

d. The information provided is not sufficient to establish violation of the Age

Short Answer Questions

2. Who are covered under Age Discrimination in Employment Act?

3. Provide examples of violations of the Age Discrimination in Employment Act.

5. How is the Age Discrimination in Employment Act enforced and administered?

1. What are the provisions of the Age Discrimination in Employment Act?

2. What is bona fide seniority or benefit plan? What is its significance?

4. What information should employers provide employees in case of a waiver of claims?

5. When is arbitration for ADEA claims enforced?

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