Sneaky Opened a New Dress Shop Catering to College Aged

Sneaky opened a new dress shop catering to college aged students.Sneaky advertised for sales associates but would only hire applicants who had been trained in computer skills in high school.Terry,age 50,was denied employment on the basis that although highly skilled in computer usage,Terry obtained training after high school.Computer training was not available in Terry's high school nor was it typically available in high schools during that time period.Terry sued for age discrimination.Sneaky denied liability,pointing out that the advertisement only referred to computer training.It in no way referenced an age requirement.Sneaky claimed that the fact that all current associates were younger was simply a coincidence.Which of the following is true regarding Terry's claim?

A) Sneaky should win on the basis of being entitled to require high-school based computer training.
B) Sneaky should win unless Terry can obtain evidence that Sneaky intentionally used the requirement to discriminate based upon age.
C) Terry should win under a disparate treatment theory if able to show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.
D) Terry should win under a disparate impact theory if able to show that the requirement systematically excludes individuals protected by the Age Discrimination in Employment Act.