1. Max, who is 60, believes he was fired by ABC Co. based on his age. Each of the following statements about the burden of proof at trial are true EXCEPT? A. Once Max establishes a prima facie case of discrimination, the burden of proof shifts to ABC to articulate a legitimate, non-discriminatory reason for the employment decision B. The burden of proof does not shift between Max and ABC Co. Since Max is the Plaintiff, he carries all fo the burden of proof. C. Max must first establish a prima facie case of employment discrimination. D. Max must prove that the reason provided by ABC Co. was pretext and that the real reason was his age. 2. Duke Power Company administers an exam to applicants for linemen positions. Of one hundred applicants, fifty were male and fifty were female. Of the male applicants, 40 passed the test and were hired . Of the female applicants, 10 passed the test and were hired. Which of the following TWO statements are TRUE regarding this scenario (NOT : There are TWO correct statements , so you must select TWO answers : Select 2 correct answers) A. The female applicants have no case so long as the employer can demonstrate that the exam was not discriminatory on its face B. The female applicants may have a case for disparate impact discrimination. C. The female applicants may have a case for disparate treatment discrimination. D. The female applicants may have a case if they can show that the percentage of those who passed the exam does not reflect the percentage of the group in the pool of applicants