Your construction company has 25 employees. You want to hire a 45-year-old experienced foreman, but your project manager suggests hiring a 28-year-old with similar qualifications because 'younger workers have more energy.' This hiring decision would violate which federal law?
Correct Answer
A) Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals who are 40 years of age or older. Making hiring decisions based on age stereotypes violates this law.
Why This Is the Correct Answer
The Age Discrimination in Employment Act (ADEA) specifically prohibits employment discrimination against individuals who are 40 years of age or older. The scenario describes rejecting a 45-year-old candidate based on age stereotypes ('younger workers have more energy'), which directly violates ADEA protections. Since the company has 25 employees (meeting the 20+ employee threshold), ADEA applies and making hiring decisions based on age-related assumptions is illegal discrimination.
Why the Other Options Are Wrong
Option C: Fair Labor Standards Act (FLSA)
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. The scenario involves age-based discrimination, not disability discrimination, so ADA protections don't apply to this situation.
Option D: Title VII of the Civil Rights Act
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. It does not address hiring discrimination based on age or other protected characteristics.
Memory Technique
Remember 'ADEA = Age 40+' - the Age Discrimination in Employment Act protects workers 40 and older from age-based employment decisions.
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