A 55 Year Old Supervisor Who Has Always Received Good

Multiple Choice

A 55 year old supervisor who has always received good performance appraisals is downsized. Two younger (42 and 45 year old) supervisors from the same department, whose performance had been rated lower, were nonetheless retained.  The employer says that it had to save money and that the older supervisor earned considerably more money (he did) .  If the termination is legally challenged, a court would most likely decide: ​

A) For the employer because employee could not establish a prima facie case of age discrimination under the ADEA
B) For the employer because the employees retained were also over 40 years of age
C) For the employer because it had a lawful, non-discriminatory motive for the termination
D) For the employee because the employer has engaged in disparate treatment based on age
E) For the employee because salary level is a neutral criterion that creates adverse impact against older employees