Frank just turned 60, and was suddenly fired after 30 years with his employer, and replaced with a 25 year old college graduateHis supervisor had been giving Frank a lot of suggestions that he needs to retire, and often complained that Frank was just a little too long in the tooth for the job. Frank's main responsibility had been driving a forklift, and his supervisor said he was worried that Frank's reflexes and vision weren't as good as those of a younger man, and that safety was #1. To keep things safe, the company routinely laid off workers who drove the forklift when they reached age 60.

1. explain what Frank would need to prove a prima facie case for age discrimination using a disparate impact theory.
2. What defenses are available to Frank's employer? Explain RFOA.
3. What if Frank's employer, instead of firing him, simply gave him a desk job with lower pay?