Final answer:
For an ADEA claim involving termination, the plaintiff must be older than 40. The ADEA provides protections to individuals in this age group against discrimination, including termination based on age.
Step-by-step explanation:
To create an inference of discrimination for an ADEA claim involving termination, the plaintiff must be older than age 40. The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. This includes protection against termination of employment due to age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of their age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, and job assignments.