Which statement corresponds to thisspecific situation?

Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is "too old to keep up with the rest of the group."

• Employer may legally discriminate based on BFOQ
• Employer may legally discriminate based on number of employees
• Employer may not legally discriminate
• Employer may legally discriminate because the law doesn't apply to this situation