Read the following excerpt from a US court opinion:
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by the age of the older maintenance person. In the second hypothetical, a company with a phone bank lays off the oldest operator. The company could not prevail on a motion for judgment as a matter of law in such a case on the theory that a desire to eliminate the particular phone used by that operator was the sole motive for the lay-off. We proffer these extreme hypotheticals to clarify our decisions in similar cases. We have stressed that the similarity of the jobs held by an older and younger employee is the touchstone for determining whether a lay-off of the older may be found to be an ADEA violation by a trier of fact. In Maresco v. Evans Chemetics, Div. of W.R. Grace & Co., 964 F.2d 106, 111-12 (2d Cir.1992), for example, we held that an inference of discrimin 771 (10th Cir.1988) ; Meinecke v. H & R Block, 66 F.3d 77, 84 (5th
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What is the most suitable continuation to the opinion? Your options are:
A. holding that plaintiff need only point to sufficient evidence to support an inference that the employer did not act for its proffered nondiscriminatory reasons
B. holding that evidenee that an employer fired qualified older employees but retained younger ones in similar positions is sufficient to create a rebuttable presumption of discriminatory intent and to require the employer to articulate reasons for its decision
C. recognizing that an employer is liable for an employees action if the employer knew or should have known about an employees acts of harassment and fails to take appropriate remedial action
D. holding that in producing nondiscriminatory reasons for its challenged action the employer is not obligated to support these reasons with objective evidence sufficient to satisfy the preponderance of the evidence standard
E. holding that both the cfra and the fmla require the employee to provide notice to the employer of the employees intent to take leave
Reply with [A, B, C, D, E] only.