A trier of fact can find unlawful discrimination without additional, independent evidence of discrimination if a plaintiff establishes a prima facie case of age discrimination and provides by the employer.

Question

Quizplus · Accepted Answer

A plaintiff can establish a prima facie case of age discrimination by showing that they were over 40 and suffered an adverse employment action. If the plaintiff meets this burden, the burden then shifts to the employer to produce a legitimate, non-discriminatory reason for the adverse employment action. At this point, if the plaintiff provides sufficient evidence that the reason provided by the employer is merely pretext for discrimination, a trier of fact can infer discrimination without additional evidence. This is known as the "pretext alone" theory of discrimination. However, if the plaintiff provides additional evidence, such as "pretext plus" evidence or direct evidence of discrimination, it can strengthen their case. Therefore, choice A is the best answer as it provides a clear and accurate option for the question asked.

A Trier of Fact Can Find Unlawful Discrimination Without Additional