An Employer Who Raises the "Same Actor" Defense Asserts That

question 26

Multiple Choice

An employer who raises the "same actor" defense asserts that

• A) when a worker protected by ADEA is hired and fired by the same person, there is a permissible inference that the 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 ADEA if they are replaced by a younger performer who has already performed the part in another production.
• C) when an employee signs a defective waiver under the OWBA, the employee must repay any benefits received under the defective waiver.
• D) when other persons had influence or leverage over the official decision maker, and thus were not ordinary co-workers, it is proper to impute their discriminatory attitudes to the formal decision maker.