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Defenses against an age discrimination claim are

1). BFOQ; 2) Bona Fide Seniority System; and 3) __________________________________.

a) Causal Connection
b) Adverse Action
c) Good Cause
d) Discrimination.

1 Answer

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Final answer:

The missing third defense against an age discrimination claim is 'c) Good Cause.' This, along with BFOQ and Bona Fide Seniority System, forms part of legitimate legal defenses allowing certain age-based employment decisions under specific conditions.

Step-by-step explanation:

The third defense against an age discrimination claim, filling the blank in the student's question, is c) Good Cause. This legal concept allows employers to take specific actions against an employee if there is a legitimate, non-discriminatory reason for the action that is not based on age.

Bona Fide Occupational Qualifications (BFOQs) are essential criteria for certain jobs where denying employment based on characteristics like religion, national origin, age, or sex is legally permissible under certain circumstances. For instance, mandatory retirement ages for airline pilots are based on safety and thus considered a BFOQ regarding age. However, race cannot be a BFOQ, aside from specific exceptions such as in the casting of roles in artistic expressions.

The Bona Fide Seniority System allows differences in treatment based on age if they are part of a seniority system that is not intended to evade the purpose of the Age Discrimination in Employment Act (ADEA). These defenses ensure that discrimination allegations are weighed against legitimate business needs and practices that may require certain age-based considerations.

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