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.
- 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?
- What are the two main types or theories of discrimination?
- Does Title VII apply to just intentional discrimination?
- Which states prohibit employment discrimination based on sexual orientation for public employees only?
- What states have laws that prohibit discrimination against employees (public and private) because of sexual orientation?
- Since Title VII does not protect employees from discrimination based on sexual orientation does that mean these employees have no protection?
- TitleVII protects individuals based on their gender, but does it protect people because of their sexual orientation?
- Does Title VII protect individuals of all races?
- What types of discrimination does Title VII prohibit?