1. Terminations pursuant to a legitimate, non-age motivated reduction in force g
ID: 453554 • Letter: 1
Question
1. Terminations pursuant to a legitimate, non-age motivated reduction in force generally do not violate the ADEA, even if the effect of the reduction falls more heavily on workers in the protected age class.
True
False
QUESTION 2
1. Terminations pursuant to a legitimate, non-age motivated reduction in force generally do not violate the ADEA, even if the effect of the reduction falls more heavily on workers in the protected age class.
True
False
QUESTION 3
1. Most courts hold that firing older workers simply to avoid paying generally higher salaries, built up through the years of satisfactory service, violates the ADEA.
True
False
QUESTION 4
1. Under the Older Workers Benefit Protection Act, an employer can insulate itself from certain ADEA liability based on an early retirement plan by obtaining a waiver of it from an employee.
True
False
QUESTION 5
1. In order to establish that a requested accommodation constitutes an undue hardship under the ADA, an employer must show that the accommodation:
is not readily achievable
will require the employer to incur more than a de minimis cost
will require the employer to incur significant cost or obligation
will result in inconvenience to other employees
QUESTION 6
1. The ADEA:
protects all persons against age discrimination in employment.
protects all employees who are at least 40 years of age against age discrimination in employment.
protects all persons who are at least 40 years of age against age discrimination in employment.
Protects all employees who are between the ages of 40 and 70 against age discrimination in employment.
QUESTION 7
1. Federal and private sector employees enjoy the same protections under ADEA.
True
False
QUESTION 8
1. Alcoholism is considered a disability under the Americans with Disabilities Act.
True
False
QUESTION 9
1. To prove disability discrimination, the employee must prove that he/she is "othewise qualified" to perform the essential requirements of the position. This means that
the employee can perform the essential functions without any accommodation by the employer
the employee can perform essential functions with or without reasonable accommodation
the employee has the same skills as the other applicants
All the choices are correct.
QUESTION 10
1. The Age Discrimination in Employment Act (ADEA) was enacted by Congress to promote the employment of older persons based on ability rather than age.
True
False
QUESTION 11
1. Remedies available in an age discrimination claim under ADEA include:
back pay
front pay
liquidated damages
all of the choices are correct.
QUESTION 12
1. A religious organization may discriminate in hiring based on gender without violating Title VII.
True
False
QUESTION 13
1. The duty to reasonably accommodate an employee's religious practices requires an employer to:
Find a way to avoid the conflict between workplace policies and an employee's religious practices or beliefs.
Select the most reasonable accommodation.
Accept the accommodation preferred by the employee.
Expend any human and financial resources necessary to meet the employee's preferred accommodation.
QUESTION 14
1. A statutory defense to a prima facie case of age discrimination is accomplished by:
the employer's demonstration that the adverse decision complained of by the
plaintiff was motivated by any factor other than age.
Proof that the employer's complained of actions were not premised on age, but
were, instead, premised on a proxy for age.
Reliance on the BFOQ provisions of ERISA.
The employer's demonstration that the adverse decision complained of by the
plaintiff was motivated by any reasonable factor other than age.
QUESTION 15
1. Once an employer is aware of a conflict between company policy and an employee's religious practices, the employer must:
Modify company policy so as not to discriminate against the employee's religious practices.
Always exempt the employee from compliance with policy.
Attempt to reasonably accommodate the employee's religious practice as long as the cost of doing so does not create an undue burden.
Inform the employee that he/she will be disciplined for violation of company policy just like any other employee.
QUESTION 16
1. Atheism cannot be considered the equivalent of a "religion" for purposes of Title VII.
True
False
QUESTION 17
1. Catherine, age 59, was employed as a make-up artist with a local department store. The company hired a new manager. He fired Catherine and gave her job to Katrina, age 42. Catherine is alleging age discrimination.
Catherine cannot claim age discrimination because Katrina at age 42 is a member of the protected class as well.
Catherine cannot claim age discrimination because the employer has a mandatory retirement age.
Catherine can claim age discrimination because the employer did not correctly apply the provisions of OWBPA.
Catherine can claim age discrimination even though her replacement was a member of the protected class.
QUESTION 18
1. Title VII is the only legislation specifically prohibiting religious discrimination in employment.
True
False
QUESTION 19
1. A religious organization will generally be exempt from the prohibitions in Title VII:
Unless it is a religion based organization.
Unless it is a purely secular organization.
Except in instances where the employment is in an area of purely secular activities.
If it is relieved of such obligations by the EEOC.
QUESTION 20
1. Reasonable accommodation encompasses, as it relates to religious discrimination, a requirement that an employer violate a collective bargaining agreement, if necessary.
True
False
QUESTION 21
1. Under Title VII, the worshiping of a deity is required in order for a belief to be considered a religion.
True
False
QUESTION 22
1. The size of the employer's workforce is one of the factors considered when determining whether an employer has made a good faith effort to provide a religious accommodation to an employee.
True
False
QUESTION 23
1. Title VII makes is unlawful for an employer to make employment decisions that discriminate based on religion:
Like prohibitions against race and gender discrimination, this is an absolute prohibition.
Unlike prohibitions against race and gender discrimination, this is not an absolute prohibition.
The employer can discriminate against an individual based on religion if there is compelling reason to do so.
None of the choices are correct.
QUESTION 24
1. Disparate impact claims are unavailable under ADEA.
True
False
QUESTION 25
1. The burden of proof by an applicant/employee to make a prima facie case of age discrimination must show:
he/she is a part of the protected class
suffered an adverse employment decision
a substantially younger person received the benefit of the employment decision
all of the above
QUESTION 26
1. An employee who needs a disability accommodation must notify the employer of the need for accommodation.
True
False
QUESTION 27
1. Similar to religious discrimination laws, employers are not required to accommodate disabled employees if
the employee does not disclose his/her disability on the employment application
the employer is not aware of the disability when the employee is hired
the accommodation would impose and undue hardship on the employer
the employer and employee cannot agree on an accommodation
QUESTION 28
1. Under ADEA, employers can offer different benefits to older and younger employees, if providing the same benefits to older employees would cost significantly more.
True
False
QUESTION 29
1. An employer wishing to use age as a BFOQ in defending itself against an age discrimination suit, must show, among other things, that:
they fall within the ambit of the U.S. Supreme Court's ruling in Brown v. Board of Education.
No individual above the cutoff age has ever performed the job denied the plaintiff.
It is statistically unlikely that age is not a legitimate factor upon which to base employment decisions.
Some individuals within the excluded age group possess a disqualifying trait that cannot be ascertained except by reference to age.
QUESTION 30
1. In Trans World Airlines, Inc. v. Hardison, the U.S. Supreme Court established the guidelines for determining what constitutes undue hardship in the process of attempting reasonable accommodations.
True
False
QUESTION 31
1. Herb works for Goodman Tire as a mechanic. He is required to work 40 hours per week, including two Sundays per month. On August 1, Herb tells his supervisor that his religion is worshipping the NFL and he can’t work any Sundays until after the Super Bowl in February. Goodman Tire’s best argument for not accommodating Herb’s request is:
Herb’s religion does not qualify as a religion under Title VII because worshipping a deity is required.
Herb’s religion does not qualify as a religion under Title VII because he is not a member of an organized religion.
Herb’s religion likely does not qualify as a religion under Title VII because his beliefs are likely not sincerely held and they do not take the place of religion in his life.
Herb’s religion does not qualify as a religion under Title VII because Herb is not able to provide a letter from a religious minister, imam, or rabbi.
QUESTION 32
1. Jane is a lesbian. She is subjected to verbal abuse at work by her co-workers. Specifically, she is called a “dyke” and is introduced to new employees as “the resident lesbian.” Jane has spoken to her supervisor and nothing has changed. Jane has a cause of action under Title VII.
True
False
QUESTION 33
1. The ADEA allows BFOQ to be used as a defense as long as substantially all of the individuals over the age at issue are unable to perform the duties of the job.
True
False
QUESTION 34
1. An employer can use age as a condition for eligibility for early retirement plans as long as the retirement plan is voluntary.
True
False
QUESTION 35
1. “Subterfuge” as that term is defined is a plan or scheme designed to evade the ADEA or OWBPA.
True
False
QUESTION 36
1. Title VII prohibits employment discrimination on the basis of affinity orientation.
True
False
QUESTION 37
1. Paul is being subjected to severe, pervasive and unwelcome sexual behavior in the workplace, by Greg. Can Paul bring a successful suit against Greg, for sexual harassment, under Title VII?
Maybe. If the harassment can be shown to be based on sex [or gender], yes, but if the harassment is based on affinity orientation, no.
Yes, because same-sex sexual harassment is recognized in all federal jurisdictions.
No, because same-sex harassment is never covered under Title VII.
No, since men are not protected against sexual harassment, under Title VII.
QUESTION 38
1. An employer can implement a policy or practice that discriminates against an employee's religion if the employer cannot accommodate the employee's religion without suffering undue hardship.
True
False
QUESTION 39
1. If an employer uses the BFOQ as a defense to an age discrimination claim, EEOC requires the employer to prove:
some of the individuals over a certain age have disqualifying traits that cannot be ascertained except by age.
substantially all older workers are unable to perform the job.
based on the job, it would either be dangerous or inefficient to hire the older worker.
None of the choices are correct.
QUESTION 40
1. In providing reasonable accommodation for an employee’s religion:
An employer is required to select the employee’s proposal of reasonable accommodation.
An employer is bound by the de minimis limitation.
An employer must be willing to guarantee that the employee will never be required to work in violation of the demands of his religious practices.
An employer is not required to select the employee’s proposal of reasonable accommodation.
QUESTION 41
1. Candice refuses to work on Sundays because it is against her religion to work on the Lord’s Day. She has asked her employer to allow her to work every Saturday instead and require another employee to work on Sunday. In order to grant her request, her employer must violate the company’s seniority system and the collective bargaining agreement. Her employer refused and will be liable for religious discrimination.
True
False
QUESTION 42
1. Early retirement plans under the Older Workers Benefit Protection Act (OWBPA) can contain the following:
a minimum age to qualify for early retirement
a subsidized benefit
social security supplements
all of the above
QUESTION 43
1. As is used in Title VII, the term "religion":
Refers to established, well-recognized religions.
Includes all aspects of religious observance and practice, as well as belief.
Excludes cults.
Includes all aspects of religious observance and practice, except atheism.
is not readily achievable
will require the employer to incur more than a de minimis cost
will require the employer to incur significant cost or obligation
will result in inconvenience to other employees
Explanation / Answer
Q1 & 2. False, if there’s evidence that more number of qualified older employees were fired, while the younger ones were retained, then it becomes a prima facie case of violation of ADEA
Q3. True, it is held thus by most courts
Q4. True, OWBPA established standards for waivers of rights under the ADEA; the waiver must be knowing and voluntary on part of the individual.
Q5. will require the employer to incur significant cost or obligation
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