Which of the Following Must the Plaintiff Prove in an Age

question 59

Multiple Choice

Which of the following must the plaintiff prove in an Age Discrimination in Employment case?

• A) The plaintiff must prove by a preponderance of direct evidence that age was a motivating factor for the challenged employer decision.
• B) The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age was a motivating factor for the challenged employer decision.
• C) The plaintiff must prove by a preponderance of direct evidence that age was the but-for cause of the challenged employer decision.
• D) The plaintiff must prove by a preponderance of the evidence, which may be direct or circumstantial, that age was the but-for cause of the challenged employer decision.

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