1. Darwin is a 60-year-old software engineer for Compuswerve, Inc. Recently, the company went through a reorganization process meant to revamp the business and the work it does. The directors want to rework the company as a fresh, hip business with cutting-edge knowledge from young, creative-minded employees. Obviously, Darwin doesnt fit into the directors vision, so the managers wish to replace him. Sure enough, a few weeks later Compuswerve hires some new employees, and Darwin is offered a severance plan and dismissed. Which of the following, if true, would legally support the companys decision to fire and replace Darwin? Check all that apply.

if Darwin planned to retire in less than five years

if the company was a private (non-governmental) organization

if Darwin had another job offer elsewhere

if the company had fewer than 20 employees

if Darwin needed a reasonable accommodation to perform his job due to a disability

if Darwin was unable to perform the essential functions of his job

if there were more highly skilled workers in the organization who could take his place

2.

Are the companys actions permissible, considering its mission and vision?

• No, because Darwin was not given compensation or allowed adequate time to find another job.
• Yes, because the company is private and therefore has the right to hire or fire whomever they want to.
• No, because Darwin was treated less favorably than younger employees based solely on his age.
• Yes, because age is not a protected class in employment law.