Barry Is 57 Years Old and Is Employed by the State

Barry 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.Bob,aged 31,replaces Barry.Barry intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission.If Barry lives in a state that has not waived sovereign immunity,which of the following statements is most likely to be true?

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