Which statement corresponds to this specific situation?

Virgil and Suzanna both work at a business with 50 employees. Virgil is 55 and Suzanna is 60. They have to same qualifications and experience. When the company needs to downsize, Virgil is fired but Suzanna is retained.

a. Employer may legally discriminate against Virgil because the ADEA doesn't protect him in this situation.

d. Employer may not legally discriminate