1 Bob age 38 was fired without any reason given by the emplo

1. Bob, age 38, was fired without any reason given by the employer, and his position was filled by someone hired a week later. Can Bob successfully claim age discrimination under federal law? A. Yes B. Yes, if the person hired is younger than Bob at the time that Bob was fired. C. No, unless the person hired is not younger than Bob at the time that Bob was fired. D. No.

2. Which type of discrimination would most likely rely on statistical analysis to prove the case? A. Disparate Impact B. Disparate Treatment C. Reasonable Accommodation D. Retaliation

Solution

D. NO

Age discrimination involves an employee being treated less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) only take into consideration for age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, infact in some states there are laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker older or younger one, even they both both are of 40 or older. Discrimination can occur when both that is the victim and the concerned person who inflicted the discrimination are both over 40.

B. Disparate Treatment

Disparate treatment, is the one which is most easily understood, and it also represents what is commonly seen as the primary target of the Civil Rights Act of 1964 at the time of its enactment. Many Courts find disparate treatment there equals are treated unequally and unequals are treated equally. For example: It include refusing to consider blacks for being employed, paying a woman a lower wage than that paid a man for the same type work and discharging a Hispanic worker for an offense for which whites are given more of chances.