Goat Foods Inc. and Chicken Foods Inc. merge to form a new corporation known as Buffalo 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. Bob 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?

False imprisonment is defined as a total restraint on freedom to move against the employee’s will, such as keeping an employee in one area of an office.

Unions have complete discretion to establish their initiation fees and dues.

A person whose birth certificate lists the name as “Mary” identifies as transgender and prefers to be called Mario. Mary/Mario would like to follow the employer’s dress code for men, but the employer requires that Mary/Mario follow the female dress code. In Texas, the employer can so require. (Source: SG)

The National Labor Relations Board (NLRB) is part of the U.S. Department of Labor that enforces labor laws for private sector employees.

If an employee establishes a prima facie case, the burden shifts to the employer to show that it offered a reasonable accommodation to the employee or that it could not reasonably accommodate the employee without incurring undue hardship.

To prove that the offered reason is pretext for an actual case of age discrimination, an employee must show that age was the only factor motivating the employment decision.

A plaintiff can state a successful age discrimination claim as long as she or he is replaced by someone younger, even if the replacement is 40 years old or older.

Those who use prescription medications unlawfully and who have a disability related to their unlawful drug use are not protected by the Americans with Disabilities Act (ADA).

At-will employment is an employment relationship where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes.