How this document has been cited
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
- in GALINATO v. Donovan, 2012 and 2,685 similar citations
A plaintiff in a Title VII case has the initial burden of establishing a prima facie case of discrimination.
- in Harrell v. Spangler, Inc., 1997 and 1,426 similar citations
Thereafter, the burden shifts back to the plaintiff to show that the employer's proffered reason was really a pretext for discrimination.
- in EEOC v. Abercrombie & Fitch Stores, Inc., 2013 and 268 similar citations
In the absence of direct evidence of discrimination or retaliation, such claims are analyzed under the McDonnell Douglas burden-shifting framework.
- in Gipson v. DEPT. OF REHABILITATION AND CORRECTIONS, 2020 and 222 similar citations
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.
- in Nelson v. Lewis County, 2012 and 288 similar citations
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.
- in Revis v. Slocomb Industries, Inc., 1993 and 1,664 similar citations
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
- in Blair v. Henry Filters, Inc., 2007 and 567 similar citations
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 …
- in Carlton v. Interfaith Medical Center, 1985 and 562 similar citations
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.
- in BRONZINI v. CLASSIC SECURITY LLC, 2009 and 416 similar citations
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