Read the following excerpt from a US court opinion:
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more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence.” Villiarimo v. Aloha Island, Air, Inc., 281 F.3d 1054, 1062 (9th Cir.2002) (internal quotation marks omitted). Apart from the McDonnell Douglas framework, a plaintiff can raise an inference of discrimination (i.e., create a prima facie case) with circumstantial or direct evidence of discriminatory intent. Vasquez, 349 F.3d at 640. If the plaintiff attempts to do so and the employer provides evidence of a legitimate, nondiscriminatory reason for the adverse employment action, to avoid summary judgment, the plaintiffs evidence must be such as to create a triable issue as to discriminatory intent. See McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1123 (9th Cir.2004) ; Wallis v. J.R. Simplot Co., 26 F.3d 885, 889
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that whether an employee uses the mcdonnell douglas approach or relies on direct or circumstantial evidence of discriminatory intent the employee must counter the employers legitimate nondiscriminatory reason for its adverse action in such a manner as to create a genuine issue as to discriminatory intent
B. holding that circumstantial evidence alone may establish discriminatory intent
C. recognizing that whether the employee uses the mcdonnell douglas framework or other evidence to create a prima facie case when the employer offers a legitimate nondiseriminatory reason for its adverse action the question is whether a rational trier of fact could conclude that the employers action was taken for impermissibly discriminatory reasons
D. recognizing that an employers decision to eliminate a position is a legitimate nondiscriminatory reason for terminating a position or employee
E. holding that if the plaintiff makes a prima facie case the defendant employer must then articulate some legitimate nonretaliatory reason for the adverse action and the employee must then have a fair opportunity to show pretext that is that a discriminatory intent motivated the employers action
Reply with [A, B, C, D, E] only.