Which nurses would be most likely to be protected under the Age Discrimination Employment Act of 1967 if fired?
Note: Credit will be given only if all correct choices and no incorrect choices are selected.
Select all that apply.
1. A 40-year-old nurse with excellent work history whose replacement is 35 years old
2. A 49-year-old male nurse who held a position in obstetrics
3. A 23-year-old nurse who was told that she was "too young" for the job
4. A 72-year-old nurse who was fired from an OR scheduling position
5. A competent 60-year-old nurse who discovers the nurse hired for his position is 50 years old
1,5
Rationale: In order to file a successful age discrimination lawsuit under the Age Discrimination Employment Act of 1967, the employee must meet four criteria: be 40-70 years old, perform job responsibilities according to the employer's expectations, be discharged, and be replaced by a substantially younger person.
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