Employment Law

Title VII

Under the McDonnell Douglas framework, how does an employee establish a prima facie case of discrimination?

Under the McDonnell Douglas framework, the employee has the initial burden (called a burden of production) to show that there is sufficient evidence for a jury to conclude that the employee suffered discrimination. The employee must show the following:

  • (1) The employee was in a protected class;

  • (2) The employee was qualified for the job or was meeting the legitimate business expectations of the job;

  • (3) The employee suffered an adverse employment action; and

  • (4) The employer treated the employee worse than similarly-situated individuals outside the employee’s protected class.


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