What must a plaintiff establish to support a claim of age discrimination under the ADEA? Must the plaintiff demonstrate that he or she was replaced by someone under the age of 40? Explain.
answer-
Age related discrimination is a violation of ADEA in which employer practice discriminatory activities at workplace. In order to establish to support claim of age discrimination under the ADEA, the plaintiff must prove following things-
(1) that they were members of a protected age class it means the plaintiff is of 40 or more.
(2) that they were discharged means employer has fired him/her from employment.
(3) that they were qualified for the positions they held; means they have all the qualifications, skills and experience to do thier job.
(4) that they were replaced by a younger worker means employer has given the job to younger person.
demonstration of someone under the age of 40 is very important because this ADEA law protect those employees who are 40 or more than 40 so if they were refused to have employment or terminated their employment and given the job to someone under 40 then it shows that new employee is younger than plaintiff and employer discriminated based on age under the ADEA.
for example- I am a sales executive age 42 and one day i get called by boss. Boss said that i have been good performer and i have always achieve my targets but we are cutting down our employees so i get terminated. i find that my job has given to employee age 30. so employer discriminate me based on my age and i can sue him under the ADEA.
What must a plaintiff establish to support a claim of age discrimination under the ADEA? Must...
What is the purpose of the Age Discrimination in Employment Act (ADEA)? a. To prohibit discrimination on the basis of age in the employment practices of employer b. To provide protection only for workers under the age of 18 c. Both of these choices are correct. d. Neither of these choices is correct.
The Age Discrimination in Employment Act (ADEA) protects people over 40, do you think that people under 40 are subject to any age discrimination?
(Acc payroll) What is the purpose of the Age Discrimination in Employument Act (ADEA)? What do you think of this act? Your original post should have more than 50 words but no more than 100 words.
In product liability cases the plaintiff must establish that the product was defective. What are the 4 types of defects that can result in a company being held responsible for injuries under the legal theory of product liability?
Explain what is meant by the claim that children under the age of one are universal listeners. Briefly describe one of the experimental methods that has provided evidence in support of this claim. Be sure to specify the hypothesis, dependent and independent variables.
Under Section 11 of the Securities Act of 1933, in order to establish the liability of an auditor who prepared a defective registration statement, a plaintiff must prove that: a. he/she purchased securities issued pursuant to the defective registration statement. b. the auditor acted with scienter in preparing the registration statement. c. the auditor was negligent in preparing the registration statement. d. he/she was in privity of contract with the auditor.
Which of the following is one of the tests that must be met to claim someone as a dependent under the rules for a qualifying child? Choose one answer. a. The child must have lived with the taxpayer all year. b. The taxpayer must have provided more than half of the child's total support for the year. c. The child's gross income for the year must be less than $4,150. d. The child must be under age 19, under age...
For a child (someone under the age of 18) to be considered “gifted” they must have a top 10% IQ. If IQ scored for someone under the age of 18 is normally distributed with a mean of 100 and standard deviation of 15, what IQ score would they need to be considered “gifted”?
5. Intentional interference with contractual relations is a tort offense. What four elements must the plaintiff prove to show this tort. 6. A woman fell in a store. An employee placed the woman in the store infirmary but provided no further care. She did not request further care only the opportunity to lie down. She died in this infirmary six hours after the fall. The woman’s family sued the store for wrongful death. Step back from this emotionally charged scene...
Hazen Paper Co. v. Biggins 507 U.S. 604 (1993) The Supreme Court resolved a split among the circuits in the following case, where it confronted the question of whether an employer violates the ADEA where factors other than age motivate the adverse employment decision. The Hazens hired Walter Biggins in 1977 and fired him in 1986 when he was 62 years old. Biggins sued, alleging a violation of the ADEA. The Hazens claimed instead that they terminated him because he...