ABC Company has a formal, established, written promotion policy that is always followed and is distributed to all employees. It states that promotions are never to be given for any reason other than length of continuous employment, calculated from the first day of employment. Which of the following statements is most true with regard to this promotion policy?

The employer can argue that this policy is a Bona Fide Seniority System to defend against a claim for adverse impact or disparate treatment.

This policy violates Title VII of the CRA because it prohibits the advancement of certain protected classes based on merit.

Because this policy involves length of service, an employee's age becomes a factor in making an employment decision. As age is a protected class, this policy is unlawful.

The employer can argue that this policy is a Bona Fide Seniority System to defend against a claim for adverse impact but not disparate treatment