The third requirement to demonstrate a prima facie case of age discrimination based on disparate treatment is that the employee was qualified for the position.All of the following have been used to demonstrate that requirement except:
A) the employee was hired for the position.
B) the employee was never told that he or she did not meet the performance requirements
C) the employee has a series of positive performance reviews
D) the employee received some verbal criticism, but never received written notice that he or she did not meet the performance requirements for the job.

Question

Quizplus · Accepted Answer

With the third requirement, the applicant must prove that he or she was qualified for the position. If the applicant is not qualified, then the employer's decision would be justified and the applicant's claim fails. The position requirements, however, must be legitimate requirements and not merely devised for the purpose of terminating or refusing to hire older workers. Courts have allowed this requirement to be met by the employee simply by showing that the employee was never told that performance was unacceptable. The qualifications requirement is not a difficult one. Courts have even held that the fact that the employee was hired initially indicates that he or she has the basic qualifications.

The Third Requirement to Demonstrate a Prima Facie Case of Age