McDonnell Douglas Corp. v. Green, 411 US 792 - Supreme Court 1973

If a plaintiff establishes a prima facie case of discrimination, then "the burden shifts to the employer to articulate some legitimate, nondiscriminatory reason for the adverse employment action." Id

A plaintiff in a Title VII case has the initial burden of establishing a prima facie case of discrimination.

Thereafter, the burden shifts back to the plaintiff to show that the employer's proffered reason was really a pretext for discrimination.

In the absence of direct evidence of discrimination or retaliation, such claims are analyzed under the McDonnell Douglas burden-shifting framework.

Under the McDonnell Douglas framework, to establish a prima facie case, the plaintiff must show that:(1) he belongs to a protected class;(2) he was qualified for her position and was performing his job satisfactorily;(3) he suffered an adverse employment action; and (4) similarly situated individuals outside of his protected class were treated more favorably.

Plaintiff must show:(i) that he belongs to racial minority;(ii) that he applied and was qualified for a job for which his employer was seeking applicants;(iii) that, despite his qualifications, he was rejected; and (iv) that after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant's qualifications.

The facts necessarily will vary in [employment discrimination] cases, and the specification above of the prima facie proof required from [a plaintiff] is not necessarily applicable in every respect to differing factual situations

Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee's rejection."... Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the …

The plaintiff has the initial burden of establishing a prima facie case of discrimination by showing that he or she (1) belongs to a protected class;(2) was qualified for his or her position;(3) suffered an adverse employment action; and (4) that the adverse employment action occurred under circumstances giving rise to an inference of discriminatory intent.