Test Bank for Employment and Labor Law, 10th Edition, Patrick J.

Cihon, James Ottavio Castag

Test Bank for Employment and Labor Law, 10th

Edition, Patrick J. Cihon, James Ottavio Castagnera

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Name: Class: Date:

Ch09: Age Discrimination

True / False

1. Age Discrimination in Employment Act prohibits discrimination against employees aged forty and older.
a. True
b. False
ANSWER: True

2. American workers of U.S. firms employed in foreign countries are covered under the Age Discrimination in
Employment Act.
a. True
b. False
ANSWER: True

3. The Age Discrimination in Employment Act (ADEA) does not include labor unions and employment agencies.
a. True
b. False
ANSWER: False

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).
a. True
b. False
ANSWER: False

5. The Age Discrimination in Employment Act (ADEA) recognizes that age maybe a bona fide occupational qualification
for some jobs.
a. True
b. False
ANSWER: True

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).
a. True
b. False
ANSWER: False

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).
a. True
b. False
ANSWER: False

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).
a. True
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b. False
ANSWER: True

9. Even if voluntary retirement is truly voluntary, it is prohibited under the Age Discrimination in Employment Act
(ADEA).
a. True
b. False
ANSWER: False

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.
a. True
b. False
ANSWER: True

11. The Equal Employment Opportunity Commission administers and enforces the Age Discrimination in Employment
Act (ADEA).
a. True
b. False
ANSWER: True

12. Private individuals alleging violation cannot file a suit against their employer under the Age Discrimination in
Employment Act (ADEA).
a. True
b. False
ANSWER: False

13. Complaints must be filed within 180 days of alleged ADEA violations with the Equal Employment Opportunity
Commission.
a. True
b. False
ANSWER: True

14. One defense under the ADEA, added in 1990, provides that an American employer who employs U.S. citizens abroad
is excused from complying with the ADEA if such compliance would violate the law of the host country.
a. True
b. False
ANSWER: True

Multiple Choice

15. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees over what age?
a. 30
b. 40
c. 55
d. 60
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ANSWER: b

16. 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

17. 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

18. 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

19. 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 Discrimination in
Employment Act.
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

20. 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

21. Examples of violations of the Age Discrimination in Employment Act (ADEA) do not include:
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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

22. In O’Connor v. Consolidated Coin Caterers Corp., the court of appeal held that:
a. whether the replacement was over or under 40 years of age was irrelevant.
b. the ADEA does not provide for disparate impact cases against older officers.
c. the ADEA did not require the employer to demonstrate any intention to discriminate.
d. None of the above.
ANSWER: a

23. 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

24. 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

25. 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

26. 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).

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ANSWER: b

27. 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

28. 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

29. 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

30. 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

31. 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

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d. twenty-one days
ANSWER: b

32. The court case Mount Lemmon Fire Dist. v. Guido dealt primarily with which of the following:
a. Immunity under the ADEA.
b. The ADEA’s numerosity specification.
c. The Fair Equity Management Act.
d. None of these answers.
ANSWER: b

33. 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 Discrimination in Employment
Act.
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 Discrimination in Employment
Act.
ANSWER: c

34. 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

35. 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

36. 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

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37. 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

38. 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

39. 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

40. 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

41. 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

42. 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:

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Ch09: Age Discrimination

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

43. 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

44. 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

45. 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

46. 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

47. Carl had worked as a ground staff for Ramset airlines for five years when his employer refused to complete his annual
appraisal because Carl 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:

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a. back pay.
b. liquidated damages and legal fees.
c. increment of salary.
d. reinstatement.
ANSWER: b

Subjective Short Answer

48. 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).

49. Who is covered under the Age Discrimination in Employment Act?

ANSWER: The 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.

50. 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.

51. 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.

52. 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.

53. What are the procedures to file a complaint for an alleged violation under the 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.

54. 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.

55. 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
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Ch09: Age Discrimination

wages owing and legal fees.

Essay

56. 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).

57. What is a 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.

58. 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.

59. 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.

60. 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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