Gibraltar Foods Inc. and Thomas' Foods Inc. merge to form a new corporation known as T-G Foods Inc. In the process of consolidating the business, the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company, thereby lowering the operating costs. Peter is a production manager, and his job is eliminated. He is 51 years old and believes that he was targeted because of his age. Which of the following statements is most likely to be true in this case?

Question:

Gibraltar Foods Inc.and Thomas' Foods Inc.merge to form a new corporation known as T-G Foods Inc.In the process of consolidating the business, the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company, thereby lowering the operating costs.Peter is a production manager, and his job is eliminated.He is 51 years old and believes that he was targeted because of his age.Which of the following statements is most likely to be true in this case?

A) T-G Foods can be held liable for age discrimination if the company retained any employees younger than Paul.

B) T-G Foods can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.

C) T-G Foods can eliminate its liability by having Peter sign a waiver that prevents him from filing a claim with the Equal Employment Opportunity Commission.

D) T-G Foods can defend the claim for age discrimination because actions taken during acquisitions and mergers are exempt from the Age Discrimination in Employment Act protection.

The right answer is  B) T-G Foods can defend the enervate or eliminate liability if it can justify that it's reason for terminating Peter was non-discriminatory.

Explanation:

There are a number of defenses employers use to fight against an age discrimination claim. They include:

1. Good cause. Employers may claim that a person was fired due to a decline in the performance of their work. They would have to prove this.

2. Bona fide occupational qualifications (BFOQ). An organisation may claim that by the nature is of the job, the older worker no longer has the ability or the qualification required to achieve desired results. For instance, some airlines have successfully used this defense in discharging older pilots because they were able to prove that these employee were not as safe as younger pilots.

3. Reasonable factor besides age. If the employer can demonstrate that their decision to fire demote or impact negatively, the job of an older employee, was based on a reasonable factor other than age, such as job performance, qualifications for the position that may have changed over time, or, in certain situations, cost, they may be successful in court.

4. Business requirement. An example of this kind of argument would be a termination on the basis of cost reduction which is required for the company to continue to operate.

5. Seniority system or benefit plan. If an employer can demonstrate that a termination was required by a real or genuine seniority system, employee reward plan, or early retirement plan, this may be a valid defense to a wrongful termination claim based on age discrimination.

Cheers!

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