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Marta Is 57 and Has Been a Store Manager for Ambrose

question 46

Multiple Choice

Marta is 57 and has been a store manager for Ambrose & Company for 10 years. Ambrose & Company is a retail store for fashion forward women. Ambrose undergoes a restructuring and releases this statement to its customers: "Ambrose & Company values its customers and appreciates their patience and loyalty while Ambrose undergoes a company facelift. Ambrose looks forward to unveiling a more youthful and spirited Ambrose image soon." Four days after that statement was released, Marta was demoted to inventory manager and she no longer had customer contact. A month later Marta filed a complaint with EEOC and the following week, Marta was fired.
I. Marta's age discrimination claim is not actionable if her demotion was based on poor performance, but she has an actionable claim based on unlawful retaliation.
II. Marta's age discrimination claim is actionable if her demotion was based on her age and she has an actionable claim for unlawful retaliation.
III. Marta's age discrimination claim is actionable if her demotion was based on her age, but she does not have an actionable retaliation claim because ADEA does not have a retaliation provision.

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