REG Study Group October November 2013 - Page 118

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  • October 11, 2013 at 5:16 am #480999
    Kenada
    Member

    Airline has three cockpit positions: flight officer, copilot, and pilot. It has a policy of requiring flight officers to advance to the post of pilot or be fired, a progression that takes about 10 to 15 years. The FAA requires retirement at age 60. Applicant is 45 years old and otherwise fully qualified. Airline rejects her application on the basis of its policy of not hiring flight officers over the age of 30. Applicant files suit. At trial, evidence is presented showing that the incidence of aviation accidents decreases as a pilot gains experience and that the best experience for Airline’s purposes is acquired by flying in Airline’s three cockpit positions. Under the Age Discrimination in Employment Act (ADEA), Applicant will most likely

    A. Win because the act applies to persons who are at least 40 but not yet 65.

    B. Lose because Airline has a bona fide occupational qualification (BFOQ) defense.

    C. Win because the BFOQ defense applies only to discrimination based on sex, religion, and national origin.

    D. Lose because age is a permissible basis for discrimination.

    FAR 05/27/14; 786/110 - Done !

    October 11, 2013 at 2:37 pm #480972
    UCMCPA
    Member

    I would guess A because he is 45 and they said it takes 10-15 years to reach the top, but forced retirement is 60.

    Anyways, doing nothing but studying for REG on 10/14, getting nervous

    FAR - 84
    AUD - 94
    REG - 86
    BEC - 86

    October 11, 2013 at 2:37 pm #481001
    UCMCPA
    Member

    I would guess A because he is 45 and they said it takes 10-15 years to reach the top, but forced retirement is 60.

    Anyways, doing nothing but studying for REG on 10/14, getting nervous

    FAR - 84
    AUD - 94
    REG - 86
    BEC - 86

    October 11, 2013 at 2:49 pm #480974
    Kenada
    Member

    Answer (B) is correct.

    Persons who are at least 40 are protected from most forms of age discrimination in employment. However, a defendant may prevail by asserting a bona fide occupational qualification (BFOQ) defense. An employment decision based solely on age may be made when age is a BFOQ reasonably necessary to the normal operation of the particular business. Because the experience of pilots is related to safety, the company does not permit anyone to follow a career solely as a flight officer or copilot. Given that the time required to advance would allow Applicant to serve only briefly as a pilot, it is reasonable to conclude that Airline’s hiring policy is based on a BFOQ.

    FAR 05/27/14; 786/110 - Done !

    October 11, 2013 at 2:49 pm #481003
    Kenada
    Member

    Answer (B) is correct.

    Persons who are at least 40 are protected from most forms of age discrimination in employment. However, a defendant may prevail by asserting a bona fide occupational qualification (BFOQ) defense. An employment decision based solely on age may be made when age is a BFOQ reasonably necessary to the normal operation of the particular business. Because the experience of pilots is related to safety, the company does not permit anyone to follow a career solely as a flight officer or copilot. Given that the time required to advance would allow Applicant to serve only briefly as a pilot, it is reasonable to conclude that Airline’s hiring policy is based on a BFOQ.

    FAR 05/27/14; 786/110 - Done !

    October 11, 2013 at 2:55 pm #480976
    UCMCPA
    Member

    Guess I could see that too, if you're supposed to think like an accountant you assume the worst case scenario where it takes him 15 years, which would put him at 60..

    Even then, I don't really agree with the answer if he makes it to pilot for any amount of time.

    FAR - 84
    AUD - 94
    REG - 86
    BEC - 86

    October 11, 2013 at 2:55 pm #481005
    UCMCPA
    Member

    Guess I could see that too, if you're supposed to think like an accountant you assume the worst case scenario where it takes him 15 years, which would put him at 60..

    Even then, I don't really agree with the answer if he makes it to pilot for any amount of time.

    FAR - 84
    AUD - 94
    REG - 86
    BEC - 86

    October 11, 2013 at 3:58 pm #480978
    Anonymous
    Inactive

    I think it's finally time to admit to myself that I am not ready to test by 10/19. I guess I just got too behind and doing all the mcq now is a very slow process since I am writing down why I got them wrong…..and I have a lot wrong. Looks like I'll be pushing it back to 10/25 or 10/26.

    October 11, 2013 at 3:58 pm #481007
    Anonymous
    Inactive

    I think it's finally time to admit to myself that I am not ready to test by 10/19. I guess I just got too behind and doing all the mcq now is a very slow process since I am writing down why I got them wrong…..and I have a lot wrong. Looks like I'll be pushing it back to 10/25 or 10/26.

    October 11, 2013 at 4:08 pm #480980
    UCMCPA
    Member

    Why do you feel behind?

    I just did an 80 question progress test and got 72 of them right. Much better than I thought I would do. I'll do another 50 later today, read chapters 3 and 4, do flashcards for 7 and 8, and hopefully repeat the same tomorrow but read different chapters. Trying to pass it all the first time.

    FAR - 84
    AUD - 94
    REG - 86
    BEC - 86

    October 11, 2013 at 4:08 pm #481009
    UCMCPA
    Member

    Why do you feel behind?

    I just did an 80 question progress test and got 72 of them right. Much better than I thought I would do. I'll do another 50 later today, read chapters 3 and 4, do flashcards for 7 and 8, and hopefully repeat the same tomorrow but read different chapters. Trying to pass it all the first time.

    FAR - 84
    AUD - 94
    REG - 86
    BEC - 86

    October 11, 2013 at 4:26 pm #480982
    Anonymous
    Inactive

    I feel very behind. September was a horrible month for studying. I had a 3 week period were I didn't pick up my books or do any homework. After that I only watched the lectures and took a few notes but not at all detailed like in previous sections. I am going through all the mcq now since I didn't do they while I watched the lectures and realized that to do all the mcq and take notes of my weak areas will take me longer than I expected. I haven't purchased my nts for reg so no money lost if I need an additional few days for review. I was really trying to test by the 19th in order to be in the Nov 4 score release but after rushing FAR and failing miserably I think I will give myself more time.

    October 11, 2013 at 4:26 pm #481011
    Anonymous
    Inactive

    I feel very behind. September was a horrible month for studying. I had a 3 week period were I didn't pick up my books or do any homework. After that I only watched the lectures and took a few notes but not at all detailed like in previous sections. I am going through all the mcq now since I didn't do they while I watched the lectures and realized that to do all the mcq and take notes of my weak areas will take me longer than I expected. I haven't purchased my nts for reg so no money lost if I need an additional few days for review. I was really trying to test by the 19th in order to be in the Nov 4 score release but after rushing FAR and failing miserably I think I will give myself more time.

    October 11, 2013 at 4:45 pm #480984
    Kenada
    Member

    I did a push back for myself from 17th to 19th. Its only two days but for me at this stage those days are a big help.

    If you feel you are not ready then doing a push back is a good idea.

    I intend to sit FAR Nov 30th so I cant push REG any further back.

    FAR 05/27/14; 786/110 - Done !

    October 11, 2013 at 4:45 pm #481013
    Kenada
    Member

    I did a push back for myself from 17th to 19th. Its only two days but for me at this stage those days are a big help.

    If you feel you are not ready then doing a push back is a good idea.

    I intend to sit FAR Nov 30th so I cant push REG any further back.

    FAR 05/27/14; 786/110 - Done !

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