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DeLormer is sales manager for Fast Freddy's Auto Sales, a local car dealer selling Kia, Hyundai, and Subaru cars. Fred Fischer, the owner of Fast Freddy's, decides to reorganize his workforce due to slumping auto sales. Fischer tells DeLormer, who is sixty, that his job will be eliminated, and the position's duties will be consolidated with those of the service manager position. DeLormer has never managed a service department. Fischer also tells DeLormer that the new position will be filled by Gains, the current service manager, who is forty-two and who has never been a salesman or a manager of sales. DeLormer feels that he is being terminated because of his age. This is a disparate treatment age discrimination problem. What are the elements of a disparate treatment case and how do you apply the facts to the elements?
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