Disparate treatment employment discrimination claims are commonly analyzed either as “pretext” or “mixed-motive” cases.
“Pretext” analysis follows the well-known McDonnell Douglas construct. If the plaintiff successfully meets the minimal burden of presenting a prima facie case, the burden of going forward with the evidence shifts to the defendant, who must then articulate a legitimate, non-discriminatory reason for its actions. If the defendant meets this burden, the obligation to go forward falls back onto the plaintiff to demonstrate that discrimination was the “true reason” that stood behind the complained-of adverse employment action.
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