Bob Hughes Is 57 Years Old and Was Employed by the State

Bob Hughes is 57 years old and was employed by the state as a school bus driver. He had an exemplary record, with no accidents in the 27 years he was employed by the state. Bob was replaced by a younger man, age 31. He filed a claim with EEOC for age discrimination.

A) Bob has a valid claim because he can establish all of the elements of a prima facie case.
B) Bob cannot file a claim for age discrimination because he is a state employee.
C) Bob is a state employee and must file his pursuant to OWBPA, not with EEOC.
D) Bob does not have a claim for age discrimination because he was not more qualified than his replacement.