QUESTION 47 Chapter 16 Age Discrimination. Use this fact pattern for Question #s 47 - 50. Ebenezer Scrooge was a 59-year-old greeting card writer for Jacob Marley & Sons, Inc.'s greeting card business. Scrooge worked for the company for more than 20 years. When Jacob Marley & Sons, Inc. purchased a smaller competing company called Tiny Tim 3: Co., Scrooge was terminated. He was replaced by a 41-year-old. During the trial Jacob Marley & Sons= Inc. introduced evidence that Scrooge's performance had decline( the last 2 years of his employment. In fact, human resource documents showed he had dropped to one of the lowest performing employees in the company. He routinely failed to produce upliing, inspirational greeting ( messages despite the fact that he worked in the Sympathy and Care Department of the company. Evidence also showed Scrooge's immediate supervisor, The Ghost of Christmas Past, had tried to discuss ways to improve performance, but Scrooge dismissed his suggestions. He always replied "Bah, Humbug!" The District Court ruled in favor of defendant Jacob Marley & Sons, Inc. Scrooge appealed. Question it 47: Which law governs Scrooge's appeal? ' A. Tltle VII 7 B. Americans with Disabilities Act 7 C. State law only 7 D.Age Discrimination in Employment Act QUESTION 48 Using the [acts in Question #47: Which statement below is true? 7 A. Scrooge can argue he is a member of a protected class because he is 59 years old. 7 B. Scrooge can argue he is qualied for the position because he worked for the company for 20 years. _ C. Scrooge was terminated from his job in the Sympathy and Care Department and will argue it was because of his age. _ D. All oi the choices above. QUESTION 49 Using the facts in Question it 47: On appeal what is the employer's strongest argument? _ A. Scrooge was not replaced by a worker outside the protected class. _ B. Scrooge's perion'nance declined in the last 2 years and he reiused to discuss ways to improve with his supervisor. _ C. The employer did not have 20 or more employees. _ D. None of the choices above. QUESTION 50 Using the facts in Question #47: How will the appellated court rule'? _ A. The appellate court will afn'n the decision of the lower court. _ B. The appellate court will reverse the decision of the lower court? _ C. Scrooge will not succeed on appeal. _ D. Choices Aand C