The plaintiff sued the defendant under an age discrimination statute, alleging that the defendant refused to hire the plaintiff because she was over age 65. The defendant’s defense was that he refused to employ the plaintiff because he reasonably believed that she would be unable to perform the job. The defendant seeks to testify that plaintiff’s former employer advised him not to hire the plaintiff because she was unable to perform productively for more than four hours a day.
The testimony of the defendant is:
A. Inadmissible, because the defendant’s opinion of the plaintiff’s abilities is not based on personal knowledge.
B. Inadmissible, because the former employer’s statement is hearsay not within any exception.
C. Admissible as evidence that the plaintiff would be unable to work longer than four hours per day.
D. Admissible as evidence of the defendant’s reason for refusing to hire the plaintiff.
Please share your answer along with your justification for choosing that answer. Good luck!
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