A Plaintiff Claims Age Discrimination

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:

A) Title VII requires "clear and convincing" evidence for plaintiff to win
B) federal civil procedure requires that plaintiff have "clear and convincing" evidence to win
C) the judge must remove the case from the jury and make the determination under the guidelines set by the Supreme Court
D) it is up to the jury to decide if the plaintiff has presented enough evidence to show discrimination
E) the jury must find for the plaintiff if he or she has shown a prima facie case

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