37. Nicholas S. is a pilot for Wayfarer Airlines. Wayfarer's policy restricts Juvenal and its other pilots from flight responsibilities after a certain age. This is most likely a

a.bona fide occupational qualification.

b.age discrimination waived under union contracts.

c.not defensible by Wayfarer.

d.Illegal if the older pilot is replaced by a person under 40.

38.The Age Discrimination in Employment Act ("ADEA") prohibits employment discrimination on the basis of age.Which is not an essential element to be established by the employee/plaintiff for the ADEA to apply

a.The employee must be forty years of age or older.

b.The employee must be qualified for the position for which he or she was discharged.

c.The plaintiff employee must show that unlawful discrimination was the reason for the adverse employment action.

d.The employee was replaced by a worker outside the "protected class" (under the age of 40).

39. Futuro Products holds a worldwide market share over 75 percent and dominates the market for its product. Futuro's actions to maintain or preserve its market power may be subject to evaluation under

a.the Clayton Act.

b.the Federal Trade Commission Act.

c.Section 1 of the Sherman Act.

d.Section 2 of the Sherman Act.