A 52 Year Old Employee with 34 Years on the Job

Multiple Choice

A 52 year old employee with 34 years on the job was downsized during a RIF. On a new performance scale prepared for the RIF, the one item at which she excelled was eliminated, and she scored badly, compared to a younger worker with less experience. The younger worker was retained. Earlier that same year, the supervisor of the 52 year old had rated her as "doing a great job." She sued under the ADEA. On a Motion for Summary Judgment, what should the court decide?

A) for the employer, because the employee scored poorly on the performance scale
B) for the employer, because the employee had not conclusively proven that she was terminated because of her age
C) for the employee because she had proven age discrimination in her termination
D) for the employee, because she had raised material questions of fact, so that summary judgment was reversed, and the case remanded for trial