Gibson Foods Inc.and Thompson Foods Inc.merge to form a new corporation known as TGT Foods Inc.In the process of consolidating the business,the management decides that a reduction in force is necessary to avoid the duplication of positions and to streamline the running of the new company,thereby lowering the operating costs.Paul is a production manager,and his job is eliminated.He is 51 years old and believes that he was targeted because of his age.Which of the following statements is most likely to be true in this case?
A) TGT Foods can be held liable for age discrimination if the company retained any employees younger than Paul.
B) TGT Foods can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul's termination.
C) TGT Foods can eliminate its liability by having Paul sign a waiver that prevents him from filing a claim with the Equal Employment Opportunity Commission.
D) TGT Foods can defend the claim for age discrimination because actions taken during acquisitions and mergers are exempt from the Age Discrimination in Employment Act protection.
Correct Answer:
Verified
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