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Support for Prima Facie Case of Discrimination

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Once the employee has offered evidence to support a prima facie case for disparate treatment age discrimination, the employer burden of proof shifts and the employer:
(I) can present a legitimate and nondiscriminatory reason for its employment decision.
(II) can use the BFOQ defense
(III) can claim exemption from compliance based on the OWBPA
(IV) can claim a business necessity defense

A. I only.

B. I and II.

C. I, II, and III.

D. I, II and IV.

E. I, II, III and IV.

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Solution Summary

This solution provides the correct answer, along with a clear explanation to the prima facie case of discrimination presented.

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D. I, II and IV.

The employer can only claim an exemption under the OWBPA if the employee has voluntarily ...

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