But the standard of proof is the standard of proof that applies in certain cases of employment discrimination. (Whether the standard of proof applies depends, other than, on (1) the specific jurisdiction in which the case is brought and (2) the precise type of discrimination alleged.) Under this standard, employee plaintiffs must prove that the employer’s discriminatory act against whom sued (for example, dismissal, transfer to another position, demotion) was the main factor motivating the specific actions of the respondent employer. For example, suppose an employee is fired due to poor performance that has been documented in the previous 6 months. At the exit interview, the company’s HR manager refers to the employee as “one of our older employees.” Under the “except” standard of proof, the employee must prove that he was fired primarily because of his age, and not as a result of poor performance. While the remark that he was an “older worker” might be discriminatory in itself, it would still not be sufficient to prove discrimination if the worker’s poor performance was the employer’s primary motivation for firing the worker. Employers prefer the “except” standard because it establishes a relatively high level of evidence in support of a discrimination case.