Employment Law

Title VII

If an employee presents a prima facie (or basic) case of discrimination, what must the employer show?

If an employee establishes a threshold showing of discrimination, then the employer must present a legitimate nondiscriminatory reason for the discharge. Examples of legitimate, nondiscriminatory reasons for discharge include that the employee was often tardy to work, showed insubordination to a superior, did not meet performance evaluation standards or violated other company policies. Often, a discrimination claim—if it goes to a jury—rests on whether the jury believes that the employee was subject to an adverse employment action for a discriminatory reason or for a legitimate reason.


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