A 55-year-old experienced carpenter is laid off during a company downsizing, while younger employees with less experience are retained. Under the Age Discrimination in Employment Act (ADEA), this could constitute age discrimination if the company has:
Correct Answer
B) 20 or more employees
The ADEA applies to employers with 20 or more employees and protects individuals who are 40 years of age or older from employment discrimination based on age.
Why This Is the Correct Answer
The Age Discrimination in Employment Act (ADEA) specifically applies to employers with 20 or more employees who work for 20 or more calendar weeks in the current or preceding calendar year. This federal law protects workers who are 40 years of age or older from employment discrimination based on age. Since the carpenter is 55 years old and was allegedly laid off while younger, less experienced workers were retained, this scenario could constitute age discrimination if the company meets the 20-employee threshold.
Why the Other Options Are Wrong
Option A: 25 or more employees
The 15-employee threshold applies to other federal employment laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), but not to the ADEA which requires 20 employees.
Option D: 10 or more employees
The 10-employee threshold is too low for ADEA coverage. This number might be confused with other employment laws, but ADEA specifically requires 20 or more employees.
Memory Technique
Think 'ADEA = 20/40' - 20 employees minimum coverage, 40 years old minimum protection age. Both numbers start with the number 2 or 4.
Reference Hint
Look up employment law sections covering federal anti-discrimination statutes, specifically the Age Discrimination in Employment Act chapter in your business law reference materials.
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