Due to budget constraints, an IT manager at a large insurance company can send only one employee to an educational conference in San Diego. The conference topic would benefit a longtime, older employee most, but the manager chooses to send a younger employee to the conference. When completing the HR request form, she says her reasoning is that the younger employee might be with the company longer. How should the HR manager respond to this situation?

To avoid any kind of discriminatory accusations, we should send no one to the conference.

Lets increase the budget and send both employees to the conference.

Doing this may constitute racial discrimination so it is not something we should do.

This is likely a violation of the Age Discrimination in Employment Act.

Management at an outdoor apparel retailer hires older employees as sales associates because the CEO dislikes working with Millennials. Recently, many young, rejected job applicants have threatened to sue. If you were HR Director at this company, what would you say to management about this issue?

The retailer can use age as a basis for promotional opportunities, but not initial hiring.

Age is a bona fide occupational qualification for hiring sales associates in any retail stores.

Age is not an actual qualification for performing the sales associate job; therefore, the retailer cannot use age as a basis for hiring decisions.

The retailer may hire up to 50% of its sales associates based on age, but the other 50% cannot be hired based on age.