Question

Mark, a video game designer, reaches the age of 50 and is fired by his employer, a computer game maker. The company president meets with Mark and explains that the company fired him because they consider him too old to understand their prime target consumers. Mark considers this unfair treatment based on his age, but his employer politely points out to him that they have a company rule applied evenly to all video game designers when they turn 50. The President offers Mark a job stocking inventory in the company warehouse. Mark declines this offer because the it pays less than half of Mark's salary as a game designer, and Mark believes he will not feel sufficiently challenged or fulfilled by that type of work. If Mark takes the appropriate legal steps to seek redress for this action by the company, which of the following would be true:

1. Mark will not have a remedy under the ADEA because the company has a policy that is applied uniformly to everyone upon reaching a certain age.

2. Mark will not have a remedy under the ADEA because the company offered Mark an alternative job.

3. Mark will have a remedy under the federal Age Discrimination in Employment Act (ADEA)

4. Mark will not have a remedy under the ADEA because his employer had a good business reason for making its decision.

Answer 1

Ans. 4. Mark will not have a remedy under the ADEA because his employer had a good business reason for making its decision.

This reason is an exception to ADEA where an employer can terminate the employee if there is a good business reason that the employee won't be just to the essence of the company after certain age.

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