Furthermore, the balancing test of Rule requires the exclusion of evidence if, as here, "its probative value is substantially outweighed by the danger of unfair prejudice. A defendant responding to the prima facie case has only a burden of production, and it meets that burden when it articulates a legitimate, nondiscriminatory reason for its actions. Thus, the defendants claim this instruction properly apprised the jury of the applicable law. The following warning appears on the employment application immediately above the applicant's signature line: Mary's Honor Center v. The defendants are correct that appellate challenges to jury instructions that were not objected to at trial will fail unless the error constitutes plain error. Thus, requiring Barlow to prove, by a preponderance of the evidence, that "but for [her] sex or age, she would not have been disciplined and discharged" improperly raises the burden of proof necessary to establish a prima facie case of discrimination. This is not such an occasion. Samuel Tobias Judy and Paul Jay Snyder were both indicted on charges of possession of pseudoephedrine with the intent to manufacture methamphetamine and two counts of conspiracy, operating a clandestine laboratory. Recently, we stated that "[o]nly rarely, in extraordinary circumstances, will we from a vista of a cold appellate record reverse a trial court's on-the-spot judgment concerning the relative weighing of probative value and unfair effect. They do not have to persuade you that they were actually motivated by the reason they offer. We thus discouraged, and continue to do so, the use of the "but for" phrase in describing the prima facie case. WIC focuses on the link between good nutrition and good health. In an employment discrimination case when an employer discovers, after terminating an employee, evidence of the employee's wrongdoing that he or she committed before his or her discharge, a trial court may, with the exercise of reasonable discretion, admit such evidence for the limited purpose of determining which remedies are properly available to the plaintiff employee. We also think a trial court might view with some skepticism the seriousness of that part of Hester's counterclaim that sought damages for the disclosures that Ms. See also Bennett v. Jack Carson Burner, operating a clandestine drug laboratory; delivery of a schedule II controlled substance and exposing a child to methamphetamine manufacturing.