Employer had a particular division within its company in which employees were paid on the basis of production. In this particular situation, workers aged 18—39 routinely produced more and therefore earned more than workers aged 40 and above. Has the employer disparately treated its employees based on age?

a. No, because the disparity in earning was based on a reasonable factor other than age—i.e., production.

b. Yes, because there was an undoubted correlation between the age of the older workers and their ability to produce.