On January 1, 2018 the President of Proterra Builders, Inc. (PBI) announced that all PBI employees over the age of 60 would be given a $15,500 bonus in honor of the company's 60th anniversary of years in business. Remington Steele, a 55 year old Senior Project Manager filed suit against PBI under the disparate-treatment language in the ADEA, alleging that the bonus policy constituted unlawful discrimination on the basis of age.

Call of the Question: How should the trial court rule on PBI's motion to dismiss the complaint for failure to state a claim upon which relief can be granted?