Answer:
was replaced by someone who was below the age of 40
Step-by-step explanation:
Kurt does not need to establish that was replaced by someone who was below the age of 40 because The legal retirement age in united states is 65. Age Discrimination in Employment Act (ADEA) of 1967 determined that as long as the workers haven't reached the retirement age, any mistreatment to older workers without any proof is illegal under the law.
All Kurt needs to do to make the case was to proof that The company does not provide him with any document of performance review that indicate he fail to meet the company's standard/.