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What defenses are available to the employer

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Question: Burns, aged sixty-four, and Smithers, aged thirtyeight, were applicants for the position of postmaster at the Shelbyville Post Office. Burns had been the assistant postmaster for several years, and was seeking promotion to postmaster as the final step in his career. After interviewing both candidates, the Postal Service Management Selection Board decided to promote Smithers because they felt he had "management potential to advance beyond Shelbyville." Can Burns establish a prima facie case of age discrimination under the ADEA? What defenses are available to the employer? Explain. See Smithers v. Bailar [629 F.2d 892 (3d Cir. 1980)].

Reference no: EM131705972

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