Sam, a male, age 55, has been turned down for a job as a bus driver. The

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Question:

Sam, a male, age 55, has been turned down for a job as a bus driver. The HR Director for the employer told Sam that he is "too old" and that he "looks like a grandfather." She also said the company "never hires bus drivers with gray hair."

Sam was never individually evaluated to determine whether he was physically able to perform the job objectives. Does Sam have a viable claim against the company?

Sam has a viable claim against the company for age discrimination.

Sam has a viable claim against the company for gender discrimination.

The company may use BFOQ as a defense to a claim of discrimination.

The HR Director acted outside the scope of her duties and the employer cannot be sued.