Gibson Foods, Inc. and Thompson Foods, Inc. have merged to form a new corporation, Better Food, Inc. In the process of consolidating the business, management decides that a reduction in force is necessary to avoid duplication of positions and generally 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.
A. Better Food will automatically be liable for age discrimination if the company retained any employees younger than Paul.
B. Better Food can defend the claim for age discrimination if it can provide a reasonable factor other than age for Paul’s termination.
C. Better Food can eliminate its liability having Paul sign a waiver which prevents him from filing a claim with EEOC or participating in EEOC investigations.
D. Better Food can defend the claim for age discrimination because a RIF is exempt from ADEA protection.