Use the following information to answer questions 1-3.

Darwin is a 60-year-old software engineer for Compuswerve, Inc. Recently, the company went through a reorganization process meant to revampthe business and the work it does. The directors want to rework the company as a fresh, hip business with cutting-edge knowledge from young, creative-minded employees. Obviously, Darwin doesn't fit into the directors'vision, so the managers wish to replace him. Sure enough, a few weeks later Compuswerve hires some new employees, and Darwin is offered a severance plan and dismissed.

Which of the following, if true, would legally support the company's decision to fire and replace Darwin? Check all that apply.

• if the company was a private (non-governmental) organization
• if Darwin planned to retire in less than five years
• if the company had fewer than 20 employees
• if Darwin was unable to perform the essential functions of his job
• if Darwin had another job offer elsewhere
• if there were more highly skilled workers in the organization who could take his place
• if Darwin needed a reasonable accommodation to perform his job due to a disability