If the employer presents a seemingly plausible and legal reason for its action against the employee, the employee must show that the employer’s actual stated reasons were pretextual or false. For example, if an employer says that it fired an employee because of her excessive tardiness, the employee may be able to show that other employees who were tardier than she were not disciplined. Or the employee may be able to show that the tardiness claim by the employer was simply not the actual reason for the discharge.

• If an employee presents a prima facie (or basic) case of discrimination, what must the employer show?
• Would a negative performance evaluation constitute an adverse employment action?
• What is an adverse employment action?
• How should and employer determine if an employee is qualified?
• What is a protected class?
• What happened to Percy Green after McDonnell Douglas v. Green?
• What was the McDonnell Douglas case about?
• Under the McDonnell Douglas framework, how does an employee establish a prima facie case of discrimination?
• How does a court determine whether an employee suffers discrimination?
• Does the EEOC’s finding of no discrimination prevent a subsequent court proceeding?
• What if the EEOC does not find there has been discrimination?
• What is a right to sue letter?
• What if the EEOC finds there has been discrimination?
• What happens once an employee files a charge of discrimination?
• What are the time limits for filing an Equal Employment Opportunity Commission (EEOC) charge?
• How does an employee file a claim under Title VII or other federal employment law?
• What if an employer has multiple reasons for taking adverse action against an employee a discriminatory reason and a lawful reason?
• Who was Griggs in the Griggs v. Duke Power case?
• When did the U.S. Supreme Court first recognize that Title VII included disparate impact claims?
• What is an example of an employer policy that would be considered disparate impact?