N.I.S. promoted John, a forty-two-year-old employee, to a foremans position while passing over James, a fifty-eight-year-old employee.

Question:

N.I.S. promoted John, a forty-two-year-old employee, to a foreman’s position while passing over James, a fifty-eight-year-old employee. N.I.S. told James he was too old for the job and that the company preferred to have a younger man in the position. Discuss whether James will succeed if he brings a cause of action.