To Demonstrate a BFOQ in an ADEA Age Discrimination Case,an

question 27

Multiple Choice

To demonstrate a BFOQ in an ADEA age discrimination case,an employer must prove all of the following except:

• A) all or substantially all of the individuals over the set age are unable to perform the job's requirements adequately or some of the individuals over that age have a disqualifying trait that cannot be ascertained except by age
• B) the employer has previously employed individuals over the set age, and has had observed their difficulty in performing the essential requirements of the job.
• C) the age limit is reasonably necessary to the essence of the employer's business
• D) A and C

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Definitions:

Herfindahl Index

A measure of market concentration that is calculated by squaring the market share of each firm competing in a market and then summing the resulting numbers.

Economic Concentration

The degree to which a small number of firms occupy a large proportion of the market in a particular industry.

Market Shares

The portion of a market controlled by a particular company or product.

Horizontal Merger

A business consolidation that occurs between firms that operate in the same industry.