In November 2006, Mercury Global Media, Inc

In November 2006, Mercury Global Media, Inc. hired Sam Smith as a television producer in one of its television stations. At the time, Sam was 58 years old and had over 30 years experience in radio and television. A little over six months later Mercury notified employees that it was selling that station and that the employees would receive special consideration for other positions with Mercury, including other radio and TV stations, Internet video operations and similar entities. Sam applied for a job as a video editor with one of Mercury's subsidiaries but was not hired. A younger displaced employee was given the job. Sam was told that he was not hired because he was "over qualified and over specialized." Sam files a complaint under the ADEA.

A) Sam can argue that the Mercury's use of the terms "over qualified and over specialized" in its reason for not hiring him demonstrate a pretext for age discrimination.
B) Mercury can argue that it is reasonable for an employer to reject an applicant whose qualifications are excessive because it believed the job would not challenge him, and, therefore, he would continue to seek other employment.
C) Sam can argue that an applicant in his age group who is hired is unlikely to continue to seek other employment because of the difficulty in someone his age finding another job.
D) All of the choices are correct.