Question

Sam, a male, age 55, has been turned down for a job as a bus driver. The HR Director for the employer told Sam that he is "too old" and that he "looks like a grandfather." She also said the company "never hires bus drivers with gray hair."

Sam was never individually evaluated to determine whether he was physically able to perform the job objectives. Does Sam have a viable claim against the company?

Sam has a viable claim against the company for age discrimination.

Sam has a viable claim against the company for gender discrimination.

The company may use BFOQ as a defense to a claim of discrimination.

The HR Director acted outside the scope of her duties and the employer cannot be sued.

Answer 1

The correct answer to this question is 'Sam has viable claim against the company for age discrimination'. Age discrimination occurs when an employers treats either a applicant or existing employee less favorably due to his or her age. The individual might possess all the qualification and skills for a specific post or job, however, the employer decides to give priority to other individual solely on the basis of age. This act of gender discrimination is strictly prohibited under the 'Age discrimination in employment Act'. Under this act, age discrimination is prohibited against those who are 40 years or older. Under the current case, Sam was denied employment solely on the basis of his age and the HR director also made discriminatory comments against him, therefore Sam has a viable claim against the company.