$12$D$.$

HYPOTHETICAL

$1.$A $40$ old year employee applies for a promotion with their employer.

$2.$The employee does not get the promotion.

$3.$An outsider who is $51$ years old applies for and gets the job.

$4.$The employee believes that they were discriminated against because of their age.

$5.$Notes taken by the hiring partners confirm that age played a factor in the decision.

QUESTION

If the employee who did not receive the promotion brings a lawsuit against the employer, will they win?

Group of answer choices

No$,$ because the ADEA does not prohibit this type of age discrimination.

No$,$ because being denied a promotion is not considered an adverse employment decision.

Yes, because the employee is in the protected class and there is at least a $10$ years difference between the employee and the person who was hired.

Yes, if the employee brings the lawsuit under the ADA.