An Employer Who Raises the Same-Actor Defense Asserts That

question 40

Multiple Choice

An employer who raises the same-actor defense asserts that:

• A) when a worker protected by the Age Discrimination in Employment Act is hired and fired by the same person, there is a permissible inference that an employee's age was not a motivating factor in the decision to terminate.
• B) employees in the motion picture, television, and theater industries are not protected under the Age Discrimination in Employment Act if they are replaced by a younger performer who has already performed the same part in another production.
• C) when an employee signs a defective waiver under the Equal Employment Opportunity Act, the employee must repay any benefits received under the defective waiver.
• D) when other persons have influence or leverage over the official decision maker, it is proper to impute their discriminatory attitudes to the formal decision maker.

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Definitions:

Fundamental Niche

The potential mode of existence of a species given its adaptations, without considering the effects of competition or other biotic factors on its actual distribution.

Limiting Resources

Essential resources (such as food, water, and shelter) that are in short supply, limiting the growth, reproduction, or distribution of organisms.

Interspecific Competition

A form of competition between individuals of different species inhabiting the same ecological area.

Intraspecific Competition

Competition among members of the same species for resources such as food, space, and mates, which can influence population dynamics.