Alvin, age $45,$ is fired by Akin Enterprises, LLC and is replaced by Simon, age $26.$ Alvin thinks he was fired because of his age. For the Age Discrimination in Employment Act to apply

Alvin must be sixty$-$five years of age or older.

Alvin must be seventy$-$two years of age or older.

Alvin must be forty years of age or older.

It doesn't matter what age Alvin is; it only matters that Simon was younger.