Benny Is 57 Years Old and Is Employed by the State

question 47

Multiple Choice

Benny is 57 years old and is employed by the state as a school bus driver.He has an exemplary record,with no accidents in the past 27 years.Tom,aged 31,replaces Benny.Benny intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission.If Benny lives in a state that has not waived sovereign immunity,which of the following statements is most likely to be true?

• A) Benny has a valid claim and can sue the state because he can establish all of the elements of a prima facie case.
• B) Benny cannot file a claim for age discrimination under the ADEA because he is a state employee.
• C) Benny is a state employee and must file his claim pursuant to the Older Workers' Benefit Protection Act.
• D) Benny does not have a claim for age discrimination under the ADEA as he was replaced by an employee who is older than 30.

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