ABSTRACT

Your safety staff member Ÿles a charge of age discrimination under the ADEA based upon her performance evaluation and the fact that she did not receive a promotion to senior staff member. Another female staff member, age 39, received the promotion. In her charge, the safety staff member believes she did not receive the promotion because she was 50 years of age. In a meeting with legal counsel, you are asked to identify your defenses to this charge. What is your response?