Barry Is 57 Years Old and Is Employed by the State

question 33

Multiple Choice

Barry is 57 years old and is employed by the state as a school bus driver.He has an exemplary record,with no accidents in the past 27 years.Bob,aged 31,replaces Barry.Barry intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission.If Barry lives in a state that has not waived sovereign immunity,which of the following statements is most likely to be true?

• A) Barry has a valid claim and can sue the state because he can establish all of the elements of a prima facie case.
• B) Barry cannot file a claim for age discrimination under the ADEA because he is a state employee.
• C) Barry is a state employee and must file his claim pursuant to the Older Workers' Benefit Protection Act.
• D) Barry does not have a claim for age discrimination under the ADEA as he was replaced by an employee who is older than 30.

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Definitions:

Perfection Standard

An idealistic benchmark for performance or quality that may be impossible to achieve but serves as a high goal.

Operating Standard

A benchmark or set of guidelines used to ensure products or services meet a certain level of quality or efficiency in their production or delivery.

Materials Price Variance

The difference between the actual cost of materials and the standard cost, multiplied by the quantity of materials purchased, indicating cost management efficiency.

Purchasing Department

The division of a business responsible for acquiring goods, services, and materials necessary for the company’s operations.