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 ________.

Question

Quizplus · Accepted Answer

If a plaintiff establishes a prima facie case of age discrimination, the burden of production shifts to the employer to articulate a legitimate, nondiscriminatory reason for the adverse employment action. If the employer does so, the burden shifts back to the plaintiff to show that the employer's proffered reason is a pretext for discrimination. Evidence of pretext, in this case, would be sufficient for a trier of fact to find unlawful discrimination without additional, independent evidence of discrimination. Therefore, choice A is the best answer. Option B (evidence of "pretext plus" by the employer) is not a recognized standard, while choices C (direct evidence of discrimination) and D (direct and circumstantial proof of discrimination) go beyond the threshold required.

A Trier of Fact Can Find Unlawful Discrimination Without Additional