The oldest or nearly oldest in each department happen to be the employee chosen by each unit supervisor to be laid off in a cutback. An employee filed suit and the employer claimed that: 1) it had the right to terminate the oldest employees because they cost the most to the organization and 2) there was no discrimination or intent to do so because each unit supervisor made their own decision to get rid of older employees.
Are you persuaded by this defense? Why or why not?