Benny is 57 years old and is employed by the state as a school bus driver. He has an exemplary record, with no accidents in the past 27 years. Tom, aged 31, replaces Benny. Benny intends to file a discrimination claim under the Age Discrimination in Employment Act (ADEA) with the Equal Employment Opportunity Commission. If Benny lives in a state that has not waived sovereign immunity, which of the following statements is most likely to be true?

A. Benny cannot file a claim for age discrimination under the ADEA because he is a state employee.
B. Benny is a state employee and must file his claim pursuant to the Older Workers' Benefit Protection Act.
C. Benny has a valid claim and can sue the state because he can establish all of the elements of a prima facie case.
D. Benny does not have a claim for age discrimination under the ADEA as he was replaced by an employee who is older than 30.

A. Benny cannot file a claim for age discrimination under the ADEA because he is a state employee.