Age Discrimination
Based on evidence from over 40,000 job applications, researchers at the Federal Reserve Bank of San Fransisco found robust evidence of age discrimination, mostly against older _______.
What is women? page 578
In 2014, _____% of unemployed workers over 55 years old had been unemployed for 27 weeks or more, compared to those aged 25-54?
What is 44.6%? Page 578
Older workers will make up _____% of the workforce by the year 2022.
What is 25.9%? page 579
This profession in the United States does have a set mandatory retirement age and is not considered discrimination.
What is air traffic controllers? page 579
What is the Age Discrimination in Employment (ADEA) Act? page 581
Between 1999-2015 the number of age-based complaints filed with the EEOC increased by more than _____%?
What is 50? page 581
Will get tired more easily than younger workers; do not understand technology; are less able to perform than younger workers
What are myths about older workers? page 580 (insert)
The first difference between ADEA and Title VII.
What is - ADEA is more lenient than Title VII regarding reasons for employment decisions - meaning an employer can rebut with any "reasonable factor other than age" - page 582
_______ Discrimination laws apply to a wider range of employers.
What is State? page 585
What is the first element in establishing a prima facie case for age discrimination?
What is The employee is in a protected class? page 588
What is the second element in establishing a prima facie case for age discrimination?
What is the employee suffered an adverse employment action? page 588
What is the third element in establishing a prima facie case for age discrimination?
What is that the employee was doing his/her job well enough to meet his or her employer's legitimate expectations? page 588
What U.S. Supreme Court case held that a plaintiff can state a claim as long as she or he is replaced by someone younger, even if the replacement is over the age of 40.
What is O'Connor v. Consolidated Coin Caterers? Page 589
What is the fourth element in establishing a prima facie case for age discrimination?
What is that others not in the protected class were treated more favorably? page 588
What case discussed age discrimination and advertising?
What is Hodgson v. Approved Personnel Services, Inc.? page 589
One of the most consistently applied BFOQ's.
What is age? page 592
concept where an employee must retire upon reaching a specified age.
What is mandatory retirement? page 593
The U.S. mandatory retirement age for pilots and co-pilots?
What is 65? page 594
A defense to a prima facie claim of age discrimination, offered by employers?
What is a reasonable factor other than age? page 595
RIF stands for....
What is a reduction in force? page 599-600
The defense where some circuit courts hold that the same "actor" both hires and fires a worker protected by the ADEA, there is a permissible inference that the employee's age was not a motivating factor in the decision.
What is the "same actor" defense? page 601
When an employer takes an employment action against an employee, such as dismissal, a denial of promotion, a demotion, or a suspension, in response to an age discrimination complaint filed by that employee.
What is retaliation? page 603
An act passed where employers can offer employees amounts of money through retirement plans as incentives for leaving a company, so that they are not terminating an employee and thus violating the law.
What is the Older Workers' Benefit Retirement Act of 1990? page 605
These equitable-relief remedies are available under the ADEA.
What are reinstatement, promotions and/or injunctions? page 609