A 55 Year Old Supervisor Who Has Always Received Good

question 9

Multiple Choice

A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained.  The employer says that it had to save money and that the older supervisor earned considerably more money (he did) .  If the termination is legally challenged, a court would most likely decide: ​

• A)For the employer because employee could not establish a prima facie case of age discrimination under the ADEA
• B)For the employer because the employees retained were also over 40 years of age
• C)For the employer because it had a lawful, non-discriminatory motive for the termination
• D)For the employee because the employer has engaged in disparate treatment based on age
• E)For the employee because salary level is a neutral criterion that creates adverse impact against older employees

---

Definitions:

Trigeminal

Relating to the trigeminal nerve, which is the fifth cranial nerve responsible for sensation in the face and motor functions such as biting and chewing.

Facial

A beauty treatment for the face, typically including cleansing, steam, exfoliation, extractions, creams, lotions, facial masks, peels, and massage.

Trigeminal Nerves

The fifth cranial nerve responsible for sensory data in the face and motor functions such as biting and chewing.

Scalp

The scalp is the anatomical area bordered by the face at the front, and by the neck at the sides and back, comprised of five layers and containing hair follicles and sebaceous glands.