44. Millennials are constantly being bashed in the media for what employers would consider undesirable characteristics -- and many of those reports are not well grounded in fact. Many of my college students resent the fact that they are considered "too young" to do certain jobs. If an employer refuses to hire millennials, is this age discrimination and can a millennial bring suit under the ADEA? a. Yes, this is age discrimination but no, it is not actionable under the ADEA. b. Yes, this is age discrimination and yes, it is actionable under the ADEA under the doctrine of constructive discharge. c. No, this is not discrimination and yes, it is perfectly legal -- people lose out on jobs for all kinds of reasons. d. No, this is not discrimination; but no, it is not legal because of the doctrine of reverse discrimination e. No, this is not discrimination but they can bring suit under the OWBPA of 1990. 45. Which of the following could be a RFOA that an employer could use to justify its actions under the ADEA? a. Reduction in Force based on performance evaluations b. Cost of labor c. Educational requirement of a masters degree d. Seniority (typically highly correlated with age) e. All of the above 46. What types of cases below would fall into a disparate treatment theory under the ADA? a. Plaintiff is suing because she has a physical disability requiring the use of a wheelchair and the interview was not held in an accessible location b. Plaintiff is suing because he is verbally and physically abused by his coworkers because he stutters c. Plaintiff is suing because after he requested a small schedule change as a reasonable accommodation for his disability, his schedule was dramatically reduced to ten hours a week from his normal thirty hours a week d. Plaintiff is suing because the selection test of cognitive skills for the job did not accommodate his ADHD and difficulty in focusing on pen and paper tests e. None of the above are based on a disparate treatment theory of discrimination