What should the court decide? Why?

A salesperson in his fifties had a profitable account taken away from him and turned over to a 33-year-old salesperson. The supervisor who made this decision told the employee that he was “too old” to work on the account because most of the buyers were young people who liked to mountain bike. At sales meetings, the supervisor referred to the employee as “the old man” and asked other attendees whether “the old guy” could make it up the stairs. The company ran into financial problems and terminated sixtyseven employees over a two-year period. Another twenty-four employees who voluntarily left during this period were not replaced. The company never had any formal plan for the execution of a RIF. The salesperson was terminated during this two-year period at age 57. He was given no reason for his termination, athough the company now says that it was part of the RIF. The salesperson was told by another employee that the employee had heard his supervisor tell another manager that he needed to “set up a younger sales force.” The salesperson sued. What should the court decide? Why?

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