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. list the four (4) elements Frank needs to establish a claim for disparate treatment based on his age, and explain which facts support (or don't support) Frank's claim.

1. What defense(s) is available to Frank's employer?
2. How can Frank rebut the employer's defense?