A woman with 28 years of experience was an exemplary employee who had been nationally recognized for

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A woman with 28 years of experience was “an exemplary employee who had been nationally recognized for her planning work.” She applied for the promotional position of Plan Formulation Specialist. The selection panel chose a much younger and less experienced candidate. The promotion took place at a time that the employer had expressed concern about its aging workforce. The employer had created an “Emerging Leaders Program” to identify and develop individuals with “leadership potential.” The candidate chosen was in this program. Candidates were first scored and ranked according to their experience and qualifications. The woman was ranked as tied for second place (out of six candidates), even though she would have been alone in second place twenty points above the next highest candidate if the employer had simply summed the scores of the panelists. Instead, the ranking was done by “consensus” of the panelists. Interviews were then conducted. The selection panel determined that interview performance would be weighed equally with the pre-interview assessment of qualifications. Each interviewee was asked the same questions and each interview lasted from 15-30 minutes. The notes and scores from the interviews were not retained. However, panelists testified that the women did not perform well on the interview, that she had been “curt and blunt” during the interview, and that she appeared to not be making an effort to answer the questions. The woman said that she had given short answers because she felt that the questions were not germane to the position. When all was said and done, the woman was ranked fourth among the candidates and did not get the promotion. She sued for age discrimination. What should the court decide? Why?
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