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Support for Prima Facie Case of Discrimination

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.

Solution Preview

D. I, II and IV.

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

Solution Summary

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