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Airline has 3 cockpit positions, flight officer, cockpit, and pilot. It has been policy of requiring flight officers to advance to the post of pilot or be fired, a progression that takes about 10 to 15 years. The FAA requires retirement at age 60. Applicant is 45 years old and otherwise fully qualifies. Airline rejects her application on the basis of its policy of bot hiring flight officers over the age of 30. Applicants files suit. At trial, evidence is presented showing that the incedence of aviation accident decreases as a pilot gains experience and that the best experience for airline purposes is acquired by flying in airlines 3 cockpits positions. Applicants will most likely

A) lose because age is permissable basis for discrimination

B) lose because Airline has a bona fide occupational qualification defense

C) win because the BFOQ defense applies only to discrimination based on sex, religion, and national origin

D) win because the age discrimination in employment act applices to person at least 40 but not yet 65

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