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.