Susan, who is 47 years old, applied for a promotion but was denied. Susan then learned the successful applicant was 45. Susan filed a complaint with the human resources department that the company is guilty of age discrimination. Which defense should the employer assert?

This statement is incorrect because the Age Discrimination in Employment Act (ADEA) protects employees aged 40 and older from discrimination based on age. Therefore, Susan is indeed covered by the ADEA, regardless of her age in relation to 50.

This choice misrepresents the nature of discrimination claims. While employers are not required to consider age positively, they cannot discriminate against employees based on age. Thus, age can be a relevant factor in assessing whether discrimination has occurred, especially when comparing candidates for promotion.

While it is true that Susan applied and was considered, this alone does not negate the possibility of age discrimination. The critical factor is whether the decision-making process favored a substantially younger candidate, which is not supported by the facts of the case given the slight age difference.