The U.S. Court of Appeals for the Tenth Circuit on Thursday dismissed a Colorado man’s claim of age and sex discrimination against his former employer.

XPO Logistics Freight Inc., a company headquartered in Connecticut but with offices in the Denver and Colorado Springs areas, announced plans to acquire another company in September 2015. XPO expected to have redundancies in the sales department. Its hired consulting company, McKinsey & Company, recommended that XPO use yearly profits to decide whom to lay off.

After closing on the acquisition, XPO cut 36 salespeople. One of those employees, William Deere, attempted to apply for a job opening later that year, but missed the cutoff. His lawyer then raised the possibility to XPO of an age discrimination complaint, writing that Deere would like “to conduct an interview with the person or persons who selected [Mr. Deere] for termination instead of the significantly younger newcomer in the same unit.”

Deere was 45 years old at the time and the job was offered to an older woman.

Subsequently, XPO decided they needed to hire another salesperson to handle a portfolio similar to Deere’s before his firing. The company hired a 46-year-old man, and Deere did not know the job opening existed. One year later, Deere sued, alleging age and sex discrimination.

Circuit Judge Carolyn B. McHugh wrote that to satisfy an age discrimination claim, Deere needed to show he is at least 40 years old, was doing “satisfactory work,” was “discharged despite the adequacy of [his] work,” and that there is evidence XPO intended to discriminate.

The court found that XPO did not deviate from its year-over-year sales criterion in eliminating workers. XPO may have “miscalculated” in cutting too many employees, but the fact that it recreated Deere’s position did not illustrate discrimination.

In addition, the court pointed out that the other laid off employees were younger than Deere. Federal law “does not require [an employer’s] business decisions to be wise — just nondiscriminatory,” McHugh wrote.

As to the claim of sex discrimination, the court found that XPO did not see Deere’s application when it made the decision to hire a woman, nor did Deere offer any weaknesses in the company’s rationale for hiring her.

The case is William Deere v. XPO Logistics Freight, Inc.