Which statement corresponds to thisspecific situation?

Virgil and Suzanna both apply for the same job. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. Virgil is turned down and Suzanna is hired.

• 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