Martha is 57 and has been a store manager for Opal Amber Corp.,a retail store,for 10 years.Opal Amber plans to project a more youthful image to its customers.As a result,Martha gets demoted to an inventory manager role,which requires no customer contact.Martha files a complaint with the Equal Employment Opportunity Commission.Following the complaint,Martha gets fired.Which of the following statements is most likely to be true in this case?
A) Martha's age discrimination claim is not actionable if her demotion was based on poor performance, but she has an actionable claim based on unlawful retaliation.
B) Martha's age discrimination claim is not valid because the Age Discrimination in Employment Act only covers state and federal employees.
C) Martha's age discrimination claim is not valid because the Age Discrimination in Employment Act allows employers to maintain a younger staff if doing so results in an economic profit to the employer.
D) Martha's age discrimination claim is not actionable if she is replaced by a worker who is older than 40, but she has an actionable claim if she is fired by the person who hired her.
Correct Answer:
Verified
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