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In United States employment discrimination law, McDonnell Douglas burden-shifting or the McDonnell-Douglas burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", [1] that lacks direct evidence of discrimination.
If the evidence of discrimination is only circumstantial, the appropriate framework is the McDonnell Douglas burden-shifting framework. See generally Fakete v. Aetna, Inc. [ 3 ] (using "direct evidence" to describe "mixed-motive" cases and noting that pretext cases arise when the plaintiff presents only indirect or circumstantial evidence of ...
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof. It was the seminal case in the McDonnell Douglas burden-shifting framework.
In the majority of cases, the plaintiff lacks direct evidence of discrimination and must prove discriminatory intent indirectly by inference. The Supreme Court analyzes these cases using the McDonnell Douglas burden-shifting formula. The analysis is as follows: [10] (1) The plaintiff must establish a prima facie case of discrimination.
Swierkiewicz v. Sorema N. A., 534 U.S. 506 (2002), was a case decided by the Supreme Court of the United States on February 26, 2002. The Court held that for complaints in employment discrimination cases, a plaintiff is not required to allege specific facts that establish a prima facie case as required by the McDonnell Douglas burden-shifting framework.
She then turned to the next stage of the McDonnell Douglas burden-shifting framework to determine whether the defendant had then provided adequate evidence that the employment decision in question had been made for "a legitimate, nondiscriminatory reason." [6] That burden, too, was met, according to O'Connor's analysis.
years; it has helped them to create a fundamental shift in their lives and the satisfaction of achieving the results that really matter to them. As one friend said so eloquently, “I saw that I wasn't living the way I want to be and now I've stopped postponing a lot of things that are dear to me.”
McDonnell Douglas claimed that the layoff was caused by budget constraints, but Green alleged that he was fired because of his race. The case was ultimately decided in Green's favor in the Supreme Court, in a landmark decision that clarified discrimination law by establishing the McDonnell Douglas burden-shifting framework. The fight for equal ...