Virgil and Suzanna both workat a businesswith 50 employees. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. When the company need to downsize, Virgil is fired but Suzanna is retained.

• Employer may legally discriminate against Virgil because the ADEA doesn't protect him in this situation.
• Employer may legally discriminate against Virgil based on number of employees.
• Employer may not legally discriminate.
• Employer may legally discriminate against Virgil based on BFOQ.