Biology Forums - Study Force

Defenses to Employment Discrimination. Dorothea O'Driscoll had worked as a quality control inspector for Hercules, Inc, for six years when her employment was terminated in 1986. O'Driscoll, who was over forty years of age, sued Hercules for age discrimination in violation of the Age Discrimination in Employment Act of 1967. While preparing for trial, Hercules learned that O'Driscoll had made several misrepresentations when she applied for the job. Among other things, she misrepresented her age, did not disclose a previous employer, falsely represented that she had never applied for work with Hercules before, and untruthfully stated that she had completed two quarters of study at a technical college. Additionally, on her application for group insurance coverage, she misrepresented the age of her son, who would otherwise have been ineligible for coverage as her dependent. Hercules defended against O'Driscoll's claim of age discrimination by stating that had it known of this misconduct, it would have terminated her employment anyway. What should the court decide? Discuss fully.

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