1. In this scenario, Kari makes light of the Employee Handbook. Kari should not do this/, because under federal employment law, a company's Employee Handbook ______________.

• Is always interpreted in favor of the employee over the employer
• Protects workers over 40 years of age under the Age Discrimination in Employment Act
• Provides triple damages in age discrimination cases
• Can be an implied contract to which the employer and the employee are bound

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2. Susan tries to explain to Kari that her job duties were unclear. If Susan sues for discrimination under the ADEA, this fact __________.

• May help Susan if employees under 40 years old were given express instructions about job duties and she was not
• Will not help her, because it was Susan's duty to ask about her job performance
• Is irrelevant to the case
• Provides a defense for Kari and her company

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2. Kari tells Susan that she is being fired because she is not getting the work done, talking too much about relatives, and not pulling her weight on her team. According to the ADEA, which of the following statements pertains to these facts?

• They establish the prima facie case of age discrimination.
• They are mixed-motive defenses.
• They are immaterial to Susan's case.
• They are sufficient defenses to Susan's claim of age discrimination.

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2. If Susan sues but fails to make her case for age discrimination, she might still make a case for _____________.

• Breach of the warranty of good faith
• Restitution due to her need to support her daughter
• Retaliation due to her recent leave under the Family and Medical Leave Act
• Gender orientation discrimination due to her recent leave under the Family and Medical Leave Act

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2. A good defense for Kari against any lawsuit by Susan for age discrimination is the ________ defense.

• Same department
• Same gender
• Same company
• Same actor

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2. IIf Susan's claim of age discrimination does not prevail, she might win a case for ____________.

• Wrongful discharge
• Breach of the duty of good faith and fair dealing
• Intentional interference with a contract
• Gender plus discrimination

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2. It appears from this scenario that Kari had never formally evaluated Susan's work performance. Performance reviews are not required by the law. What additional information would help Kari to defend herself in a lawsuit?

• Evaluations were given to every employee except Susan.
• The company mandates performance evaluations for all employees.
• Susan never asked for a performance evaluation.
• No evaluations were given to any employees.

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2. Kari intended to write up a report of Susan's poor performance after the fact, that is, after Susan had been fired. What would be the effect of this action in a subsequent lawsuit?

• A jury would put great credibility on a formal written performance appraisal written shortly after an employee was terminated.
• A jury would put no credibility on a formal written performance appraisal written shortly after an employee was terminated and prepared in anticipation of a lawsuit.
• It would have no effect, because under the ADEA no performance appraisals are allowed to be submitted as evidence in a lawsuit.
• A judge would not allow a performance appraisal to be admitted under the "best evidence" rule.

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2. In this scenario, Susan could be determined to have engaged in __________.

• Malingering
• Bad faith
• Insubordination
• Negligence

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2. In a lawsuit by Susan against Kari's company, the fact that there are no employees over 40 within Kari's department is most likely ____________.

• Immaterial, as Susan is being fired for legitimate performances issuesbeing slow, making mistakes and not pulling her weight
• Material, as it could be used to show age discriminationmore facts are needed
• Immaterial, because Susan is not old enough to make a case for age discrimination
• Material, because it directly shows age discrimination