Harding was the CEO of Head Hunters International (HHI). After HHI was bought by MonsterCareers.com (MCC), the two firms were integrated. Soon after the merger, MCC informed Harding that his performance was lacking and he was terminated from his position. Harding later found out that Carey, a relative newcomer to MCC, was being promoted to his position. Harding, who was 51, alleged discrimination on the basis of his age because Carey was 42.

CASE QUESTIONS

1. Does Harding have a claim for employment discrimination under ADEA? Why or why not?

2. Would your answer change if Carey was 24, 39, or 41? Explain.