Question

Minnie A. Dent is completing her thirtieth year as a bus driver. Her company recently told her that she would be required to retire within the next two years because she had reached the age limit for mandatory retirement. Minnie wants to fight this ruling based on a claim of age discrimination. Which of the following statements about this case is most accurate: According to the:Employment Rights and Responsibilities Act, Minnie has every right to keep her job as long as she has not been convicted of a moving traffic violation while performing her job.Affirmative Action Enforcement Act, Minnie has no right to keep her job, because she is not one of the groups that qualify for special protection.Fair Labor Standards Act, Minnie may be able to keep her job, but the company can require her to pass an annual vision and hearing exam as a condition of continued employment.Age Discrimination in Employment Act, Minnie can be required to retire at a certain age, because she is in an occupation where evidence exists that ability to perform the job diminishes significantly with age.

Answer 1

Minnie A. Dent can claim age discrimination under the Age Discrimination in Employment Act if her mandatory retirement is imposed solely due to her age, without evidence of diminished performance in her job as a bus driver.

Step-by-step explanation:

Understanding Age Discrimination in Employment

Minnie A. Dent's case falls under the provisions of the Age Discrimination in Employment Act of 1967 (ADEA), which protects employees against mandatory retirement due to age. The ADEA states it is unlawful to discriminate in terms of employment based on an individual's age above 40. Given these protections, Minnie would likely have a valid claim if she can demonstrate that her required retirement solely because of age is not justified by any significant decrease in her ability to perform her job. However, the act also allows for age-based decisions if there is reasonable evidence that performance decreases in that particular occupation with age, though this is often specific to safety-sensitive positions and requires concrete evidence.

Therefore, the most accurate statement regarding Minnie's case is that, according to the Age Discrimination in Employment Act, she may claim age discrimination if being forced to retire due to an arbitrary age limit with no evidence of diminished job performance. If her job performance remains unaffected by her age, Minnie has the right to challenge the company's mandatory retirement policy under the ADEA.

Answer 2

The answer is: Age Discrimination in Employment Act, Minnie can be required to retire at a certain age, because she is in an occupation where evidence exists that ability to perform the job diminishes significantly with age.

Step-by-step explanation:

The Age Discrimination in Employment Act (ADEA) protects employees who are at least 40 years old and work for companies that have at least 20 employees.

But there are some exceptions that can apply, specially when the job requires certain abilities that naturally diminish with older age. Since Minnie is a bus driver, her employer can argue that her driving abilities may reduce with age (this is a fact) and that she might endanger others by driving with her abilities reduced.