What might an employer claim if faced with an age discrimination lawsuit?

In the context of an age discrimination lawsuit, an employer can assert that the employee was not qualified for the position as a legitimate defense. This claim implies that the decision to not hire, promote, or retain an employee was based on objective criteria regarding their qualifications rather than their age.

Employers can argue this point by showcasing specific skills, experiences, or educational backgrounds that the employee lacked compared to other candidates. The focus here is on performance and suitability for a role, which is a non-discriminatory factor that any employer can use to justify their decisions in the workplace.

In contrast, the other options present assertions that do not directly address the core issue of discrimination in a legally acceptable manner. For instance, arguing a lack of an age discrimination policy or claiming that discrimination claims are exaggerated does not substantiate the employer’s actions against the accusations. Similarly, stating that older employees are less productive could be construed as discriminatory itself and would not serve as a valid defense in a legal context. Thus, the claim about the employee's qualifications stands as a more sound and justifiable argument in the face of an age discrimination lawsuit.