A plaintiff claims age discrimination. At trial there is a split in the testimony. The plaintiff and a couple other workers give evidence of discrimination. The defendant has employees who testify that there was no discrimination and that the plaintiff was incompetent. In such instances:

Question

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In instances where there is a split in the testimony, it is up to the jury to weigh the evidence and decide which side to believe. The burden of proof for a plaintiff in an age discrimination case is preponderance of the evidence, not clear and convincing evidence (choice A). Similarly, federal civil procedure does not require clear and convincing evidence for a plaintiff to win (choice B). The judge should only remove the case from the jury and make a determination under the guidelines set by the Supreme Court if there is no genuine dispute of material fact, which is not the case in this scenario (choice C). A plaintiff is required to show a prima facie case in order to even get past the initial stages of a lawsuit, but it does not guarantee a victory at trial (choice D). Therefore, the best answer is E, none of the other choices.

A Plaintiff Claims Age Discrimination