After a plaintiff establishes a prima facie case of disparate treatment, the defendant must articulate legitimate nondiscriminatory reasons for its actions without proving its actual motivation.
After a plaintiff establishes a prima facie case of disparate treatment under Title VII, the defendant bears the burden of production to articulate legitimate, nondiscriminatory reasons for the employment action. The defendant need not persuade the court that it was actually motivated by these reasons, nor must it prove that the chosen candidate was objectively more qualified than the plaintiff. Instead, the defendant must produce admissible evidence that allows the trier of fact to rationally conclude the decision was not motivated by discriminatory animus. The ultimate burden of persuasion regarding intentional discrimination remains with the plaintiff.
At page 253 Establishing and shifting burdens in discrimination claims2,445 citing cases“the ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.”
- Reeves, No. 8:23-cv-02017 (D. Md. Sept. 24, 2026). Burdine, 450 U.S. 248, 258 (1981) (“[T]he defendant’s explanation of its legitimate reasons must be clear and reasonably specific.”). 16 However, Defendant has presented additional evidence to bolster its initial statement regarding Plaint…
- Zuri Washington v. Networks Presentations LLC, No. 1:25-cv-03815 (D. Md. Sept. 23, 2026).(In order to state a race discrimination claim under Title VII or section 1981, Hayes must plausibly allege that Wall discharged him because of his race.)
- Trawick, No. 8:23-cv-00432 (D. Neb. July 31, 2026).(The hallmark of an ADEA disparate-treatment claim is intentional discrimination against the plaintiff on account of the plaintiff’s age.)
- Stevenson, No. 1:23-cv-00115 (D. Haw. June 29, 2026). (The burden of establishing a prima facie case of disparate 10 In an unsworn declaration, Cummings denies Lee’s assertions. See ECF No. 93-3. treatment is not onerous.)
- Christopher Massey v. Borough of Bergenfield, 169 F.4th 188 (3d Cir. 2026).published([F]ocusing on the defendant’s justification can lead both litigants and the court down a rabbit hole that obfuscates the plaintiff’s affirmative claim.)
- Heredia v. LaPorte Cnty., No. 3:23-cv-01091 (N.D. Ind. July 10, 2025).(plaintiff must prove by a preponderance of the evidence that []he applied for an available position for which []he was qualified)
- Gopal v. Univ. of Connecticut, No. 3:19-cv-01810 (D. Conn. Mar. 31, 2025).([A] plaintiff's burden to establish an initial prima facie case is, by design, minimal and de minimis.)
- Magassouba v. Prince George's Cnty., 773 F. Supp. 3d 196 (D. Md. 2025).published(It is a common practice of the Fourth Circuit to assume, without deciding, that the plaintiff has established a prima facie case in cases where the employer has proffered evidence of a legitimate reason for its adverse…)
- Marucci v. Greater Baltimore Med. Ctr., Inc., No. 1:23-cv-00510, 2025 WL 860137 (D. Md. Mar. 18, 2025). See Hicks, 509 U.S. at 511 ; see also Burdine, 450 U.S. at 256 (“This burden [of demonstrating pretext] now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination.”). 16 As noted…
- Yockey v. Greater Baltimore Med. Ctr., Inc., No. 1:23-cv-00512 (D. Md. Mar. 18, 2025). See Hicks, 509 U.S. at 511 ; see also Burdine, 450 U.S. at 256 (“This burden [of demonstrating pretext] now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination.”). “[T]o show p…
Show 241 more citing cases
- Joyce v. Dejoy, No. 2:23-cv-00030 (D. Me. Dec. 19, 2024). ([T]he prima facie case requires only a ‘small showing,’ one that is ‘easily made’)
- Miller v. Sam Houston State Univ., No. 4:15-cv-02824 (S.D. Tex. Apr. 11, 2024).(The ultimate burden of 15 persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.)
- Lebron v. Soc. Servs., No. 3:22-cv-00155 (D. Conn. Mar. 8, 2024). (The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.)
- Tucker v. Lantmannen Unibake USA Inc, No. 2:21-cv-00087 (D. Me. Dec. 14, 2023).([T]he prima facie case requires only a ‘small showing,’ one that is ‘easily made’)
- Dance v. Commonwealth of Pennsylvania, No. 3:18-cv-01593 (M.D. Pa. Nov. 3, 2023).(The prima facie case serves an important function in the litigation: it eliminates the most common nondiscriminatory reasons for the plaintiff’s rejection.)
- Penneti v. L&T Tech. Servs., LTD, No. 3:21-cv-00525 (N.D. Tex. July 24, 2023).(We agree that [t]he ultimate burden of persuading the trier of fact that the defendant [retaliated] against the plaintiff remains at all times with the plaintiff.)
- Volking v. Airxcel, Inc., No. 6:22-cv-01046 (D. Kan. Apr. 28, 2023). (The burden of establishing a prima facie case of disparate treatment is not onerous.)
- Simpson v. DeJoy, 641 F. Supp. 3d 772 (D. Ariz. 2022).published (The 24 prima facie case serves an important function in the litigation: it eliminates the most 25 common nondiscriminatory reasons for the plaintiff’s rejection.)
- Saketkoo v. Admin Tulane Educ, 31 F.4th 990 (5th Cir. 2022).published (The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.)
- Duncan v. Sam's Club, No. 3:20-cv-00200 (S.D. Ohio Feb. 9, 2022).([t]he prima facie case serves an important function in the litigation: it eliminates the most common nondiscriminatory reasons for the plaintiff’s rejection)
- Kindness v. Anthem, Inc., No. 3:20-cv-00137 (S.D. Ohio Dec. 30, 2021).([t]he prima facie case serves an important function in the litigation: it eliminates the most common nondiscriminatory reasons for the plaintiff’s rejection)
- Ames v. Ohio Dep't of Youth Servs., 605 U.S. 303 (2025).published
- Delsonya Wilkins-Bailey v. Essity Prof'l Hygiene North Am., LLC, No. 25-1992 (4th Cir. Aug. 31, 2026).published
- Jenkins v. Cornerstone Relocation Grp., LLC, No. 3:23-cv-01755 (D.N.J. Jan. 31, 2025).unpublished
- Adkins v. Middletown, 2025-Ohio-317, 263 N.E.3d 429.published
- Eaton v. Montana Silversmiths, No. 1:18-cv-00065 (D. Mont. Feb. 3, 2025).
- Broadnax v. Rhombus Energy Solutions, Inc., No. 2:23-cv-11343 (E.D. Mich. Feb. 3, 2025).
- Fowlkes v. Dep't of Def., No. 3:22-cv-00027 (S.D. Ohio Feb. 3, 2025).
- Sherman v. Louisiana Workers' Comp. Corp., No. 3:23-cv-00442 (M.D. La. Feb. 4, 2025).
- Ghafoor-davis v. Cmty. Action Lehigh Valley, No. 5:24-cv-02640 (E.D. Pa. Feb. 4, 2025).
- De La Torre v. Becerra, No. 8:23-cv-03203 (D. Md. Feb. 11, 2025).
- Meribethe Ingram v. Jared Regano, No. 24-3761 (6th Cir. Feb. 13, 2025).unpublished
- Washington v. Edwards Lifesciences LLC, No. 3:22-cv-02565 (N.D. Tex. Feb. 13, 2025).
- Faulk v. Owens Corning Roofing & Asphalt LLC, No. 3:23-cv-00230 (N.D. Tex. Feb. 18, 2025).
- Williams v. Harmony Grove Sch. Dist., No. 1:24-cv-01009 (W.D. Ark. Feb. 27, 2025).
- Slaughter v. Walker Cnty. Bd. of Educ., No. 6:23-cv-00624 (N.D. Ala. Feb. 28, 2025).
- Manokey v. Reliable Contracting Co., No. 1:23-cv-01161 (D. Md. Feb. 28, 2025).
- Harvey v. Werner Enter.(MAG+), No. 2:24-cv-00301 (M.D. Ala. Feb. 5, 2025).
- Diallo v. Noem, No. 8:24-cv-00421 (D. Md. Mar. 5, 2025).
- Strover v. Mears Grp. Inc, No. 5:23-cv-00427 (W.D. Okla. Mar. 7, 2025).
- Hittle v. City of Stockton, No. 24-427 (U.S. Mar. 10, 2025).
- Owens v. Dow Silicones Corp., No. 3:23-cv-00042 (E.D. Ky. Mar. 19, 2025).
- Shaw v. Univ. of Maryland, No. 8:21-cv-01986 (D. Md. Mar. 18, 2025).
- Reese v. Park Place Condo. Homeowners Ass'n I, No. 2022-2660 (D.D.C. Mar. 21, 2025).published
- Wood v. Learjet, Inc., No. 2:18-cv-02621 (D. Kan. Mar. 25, 2025).
- Holeman v. City of New London, No. 3:23-cv-00631 (D. Conn. Mar. 25, 2025).
- Hutchison v. Ranch & Home Supply, LLC, No. 1:23-cv-00999 (D. Colo. Mar. 27, 2025).
- Adkinson v. Phoenix Union High Sch. Dist., No. 2:23-cv-01093 (D. Ariz. Mar. 31, 2025).
- McKeown v. Paycom Payroll LLC, No. 5:24-cv-00301, 2025 WL 978221 (W.D. Okla. Mar. 31, 2025).
- Mitchell v. J. Schoen Enter., Inc., No. 3:20-cv-02772 (N.D. Ohio Mar. 31, 2025).
- Arif v. Maryland Dep't of State Police, No. 1:24-cv-01057 (D. Md. Mar. 31, 2025).
- Brown v. FCA US LLC/Stellantis, No. 2:23-cv-11768 (E.D. Mich. Mar. 31, 2025).
- James v. Port Auth. Police Dep't, No. 1:22-cv-02463, 2025 WL 966016 (S.D.N.Y. Mar. 31, 2025).
- Staley v. Mcdonough, No. 1:22-cv-00317 (M.D.N.C. Apr. 4, 2025).
- Samirah v. Dist. Smiles PLLC, No. 8:21-cv-00829, 2025 WL 1018886 (D. Md. Apr. 4, 2025).
- Way v. City of Missouri City, 133 F.4th 509 (5th Cir. 2025).published
- Robert Caldwell v. Champlain Coll. Inc., 2025 VT 17, 336 A.3d 423.published
- Bowen v. City & Cnty. of Denver, No. 1:24-cv-00917 (D. Colo. Apr. 14, 2025).
- Wills v. MPF Fed., LLC, No. 1:23-cv-01158 (D. Md. Apr. 14, 2025).
- Eubanks v. Foot Locker Retail, Inc., No. 2:23-cv-01923 (W.D. Pa. Apr. 21, 2025).
- Ramsey v. San Jacinto Coll. Dist., No. 4:23-cv-01719 (S.D. Tex. Apr. 30, 2025).
- Miller v. Prudential Ins. Co. of Am., The, No. 2:23-cv-02233 (D. Kan. May 1, 2025).
- McCready v. U.S.P.S., No. 2:22-cv-05899 (E.D.N.Y. May 2, 2025).
- Desiderio v. Hudson Tech., Inc., No. 1:22-cv-00541 (S.D.N.Y. May 2, 2025).
- Walker v. Bd. of Educ. of Charles Cnty., No. 8:22-cv-02511 (D. Md. May 12, 2025).
- Joni Harris v. Int'l Paper Co., No. 24-11380 (11th Cir. May 13, 2025).unpublished
- Gayann Miller v. Suburban Mobility Auth. for Reg'l Transp., No. 24-1503 (6th Cir. May 27, 2025).unpublished
- Blewett v. Howard-Whisett, No. 2:23-cv-12524 (E.D. Mich. May 27, 2025).
- Hack v. Topeka, No. 2:23-cv-02410 (D. Kan. May 30, 2025).
- Mirshahi v. Patient First Richmond Med. Grp., LLC, No. 3:23-cv-00495 (E.D. Va. May 30, 2025).
- Gipson v. Cincinnati Child.'s Hosp. Med. Ctr., No. 1:20-cv-00294 (S.D. Ohio June 2, 2025).
- Brown v. S. Senior Assocs., LLC, No. 7:23-cv-00068 (M.D. Ga. June 3, 2025).
- Turnbow v. Sibley Mem'l Hosp., No. 2024-1275 (D.D.C. June 5, 2025).published
- Cecilio Reyes v. WHG Payroll Inc., No. 2:22-cv-03828 (E.D. Pa. June 6, 2025).
- Tate v. Bisignano, No. 1:24-cv-01153 (D. Md. June 12, 2025).
- Blagmon v. Hanover Cnty., No. 3:24-cv-00108 (E.D. Va. June 13, 2025).
- Proffitt v. Ne. Local Sch. Dist. Bd. of Educ., No. 3:24-cv-00032 (S.D. Ohio June 23, 2025).
- Aulakh v. Crane Worldwide Logistics LLC, No. 2:24-cv-01151 (W.D. Wash. July 2, 2025).
- Gill v. Wal-Mart Stores East, LP, No. 3:23-cv-01370 (M.D. Tenn. July 8, 2025).
- Brooks v. ORBIS Corp., No. 5:23-cv-00276 (E.D. Ky. July 8, 2025).
- Happy Johnson v. Spalding Cnty., No. 24-13531 (11th Cir. July 10, 2025).unpublished
- Price v. Driscoll, No. 6:21-cv-00100 (E.D. Okla. July 8, 2025).
- Cargail Downer v. Prince George's Cnty. Pub. Schs., No. 24-1704 (4th Cir. July 14, 2025).unpublished
- Connolly v. Lanham, No. 1:22-cv-02048 (D. Md. July 17, 2025).
- Kara Mitchell v. Exxon Mobil Corp., 143 F.4th 800 (7th Cir. 2025).published
- Hare v. David S. Brown Enter., 340 A.3d 698 (Md. 2025).published
- Basurto Salgado v. West Colorado Motors, LLC/Autonation, Inc., No. 1:23-cv-03101 (D. Colo. Aug. 1, 2025).
- Anyanwu v. City of San Antonio, No. 5:24-cv-00076 (W.D. Tex. Aug. 22, 2025).
- Guerrero v. Constellation Home Care, LLC (NY), No. 2:22-cv-07736 (E.D.N.Y. Sept. 4, 2025).
- Caruso v. Hill Country Mental Health & Developmental Disabilities Ctr., No. 5:23-cv-01422 (W.D. Tex. Sept. 12, 2025).
- Chislett v. N.Y.C. Dep't of Educ., 157 F.4th 172 (2d Cir. 2025).published
- Loggins, No. 2:23-cv-02749 (W.D. Tenn. Oct. 23, 2025).
- Anderson v. Bdo USA, P.C., No. 2024-2421 (D.D.C. June 9, 2026).published
- Williams-Johnson, No. 1:24-cv-01197 (D. Md. Aug. 3, 2026).
- Wilson v. Nat'l R.R. Passenger Corp., No. 1:22-cv-02884 (D. Md. Mar. 20, 2025).
At page 254 Establishing and rebutting the prima facie case of discrimination1,055 citing casesThe defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff.
- Pacira BioSciences, Inc. v. Nephron Sterile Compounding Ctr., LLC, No. 3:23-cv-05552 (D.S.C. Aug. 6, 2026).([I]f [one party] is silent in the face of the presumption, the court must enter judgment for [the other party] because no issue of fact remains in the case.)
- Price, No. 6:24-cv-00394 (E.D. Okla. June 4, 2026).(The burden that shifts to the defendant, therefore, is to rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminator…)
- Chacon, No. 2:24-cv-02245 (D. Kan. Feb. 25, 2026).(Poor performance is a quintessentially legitimate and nondiscriminatory reason for termination.)
- Durand, No. 3:25-cv-00740 (M.D. Pa. Oct. 31, 2025). (I ® Retaliation claims can go to trial based on two days of temporal proximity between protected activity and an adverse employment action. See Jalil v. Avdel Corp., 873 F.2d 701, 709 (3d Cir. 1989). 10 the employer is…)
- Butler v. Dassault Systemes Americas Corp., No. 6:24-cv-02324 (M.D. Fla. Aug. 8, 2025).(The burden that shifts to the defendant . . . is to rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reas…)
- Standridge v. Blount Cnty. Bd. Of Educ., No. 2:23-cv-01021 (N.D. Ala. Feb. 24, 2025).(The defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated against the…)
- Hunter v. Kentucky Wesleyan Coll., No. 4:23-cv-00084 (W.D. Ky. Dec. 26, 2024).(The defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the…)
- Budimir v. Indiana Beach Holdings, LLC, No. 4:21-cv-00019 (N.D. Ind. Mar. 11, 2024).(The burden that shifts to the defendant, therefore, is to rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminator…)
- Lebron v. Soc. Servs., No. 3:22-cv-00155 (D. Conn. Mar. 8, 2024). Burdine, 450 U.S. at 253 (“The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.”).
- Volking v. Airxcel, Inc., No. 6:22-cv-01046 (D. Kan. Apr. 28, 2023). Valley City, 832 F.3d 1188, 1200 (10th Cir. 2016) (holding that “plaintiff must make only a ‘de minimis showing’ to establish a prima facie case . . . under the McDonnell Douglas framework” (quoting Plotke v. White, 405 F.3d 1092, 1102 (10…
Show 209 more citing cases
- Ho v. Barr, No. 2020-0912 (D.D.C. Sept. 17, 2022).published(The defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated against the…)
- Johnson v. Cirrus Educ. Grp., Inc., No. 5:20-cv-00256 (M.D. Ga. Sept. 1, 2022).([T]he defendant must merely proffer non- [discriminatory] reasons, not prove them.)
- Shallen v. Esper, No. 3:19-cv-00006 (W.D. Ky. Feb. 28, 2022).(The defendant need not persuade the court that it was actually motivated by the proffered reasons. It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated against the…)
- Patricia Levine v. Louis DeJoy, 64 F.4th 789 (6th Cir. 2023).published
- Shibe v. Cardinal Credit Union, Inc., No. 1:21-cv-01436 (N.D. Ohio Sept. 11, 2023).
- Penneys Constr. Co. v. Ducci Elec. Contractors, Inc., No. 3:22-cv-00524 (D. Conn. July 18, 2024).
- Delsonya Wilkins-Bailey v. Essity Prof'l Hygiene North Am., LLC, No. 25-1992 (4th Cir. Aug. 31, 2026).published
- Adkinson v. Phoenix Union High Sch. Dist., No. 2:23-cv-01093 (D. Ariz. Mar. 31, 2025).
- Paris v. United Parcel Serv., Inc., No. 3:21-cv-00711 (D. Conn. Sept. 25, 2023).
- Gray v. Bd. of Trs. of the Georgia Military Coll., No. 5:21-cv-00052 (M.D. Ga. Sept. 13, 2023).
- Murray v. Univ. Hospitals Cleveland Med. Ctr., No. 1:22-cv-00391 (N.D. Ohio Dec. 18, 2023).
- Rivera v. Pra Health Sciences, No. 2:22-cv-02551 (E.D. Pa. Oct. 24, 2023).
- Terry Dor v. TD Bank, No. 24-1126 (3d Cir. June 28, 2024).unpublished
- Nixon v. Anchor Glass Container Corp., No. 5:23-cv-00362 (M.D. Ga. Dec. 6, 2024).
- Lambert, No. 5:24-cv-00180 (M.D. Ga. Oct. 27, 2025).
- Christensen v. Labor Comm'n, 2025 UT 55.published
- Wills, No. 1:23-cv-01158 (D. Md. Aug. 3, 2026).
- Kuligowski, No. 3:24-cv-00626 (N.D. Ohio Sept. 14, 2026).
- Wilson v. Nat'l R.R. Passenger Corp., No. 1:22-cv-02884 (D. Md. Mar. 20, 2025).
At page 256 Burden of proof for demonstrating pretext in discrimination cases1,297 citing cases“either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy of credence.”
- Waldron v. SL Indus., Inc., 849 F. Supp. 996 (D.N.J. 1994).published “indirectly, by showing that the employer’s proffered explanation is unworthy of credence”
- Marucci v. Greater Baltimore Med. Ctr., Inc., No. 1:23-cv-00510, 2025 WL 860137 (D. Md. Mar. 18, 2025). (This burden [of demonstrating pretext] now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination.)
- Yockey v. Greater Baltimore Med. Ctr., Inc., No. 1:23-cv-00512 (D. Md. Mar. 18, 2025). (This burden [of demonstrating pretext] now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination.)
- White v. Champion Home Builders, Inc., No. 5:22-cv-00073 (S.D. Ga. Jan. 18, 2024). (This burden now merges with the ultimate burden of persuading the court that [Plaintiff] has been the victim of intentional discrimination.)
- Carr v. New York City Transit Auth., 76 F.4th 172 (2d Cir. 2023).published See Burdine, 450 U.S. at 259 (“[T]he employer has discretion 26 to choose among equally qualified candidates, provided the decision 27 is not based upon unlawful criteria.”).
- Gonzalez v. US Human Rights Network, No. 2:20-cv-00757 (D. Ariz. Oct. 3, 2022). ([T]he employer’s burden is satisfied if he simply 2 explains what he has done or produces evidence of legitimate nondiscriminatory reasons. 3 It is plain that the Court of Appeals required much more: it placed on the d…)
- Wheeler v. Miami Valley Career Tech. Ctr., No. 3:20-cv-00141 (S.D. Ohio Mar. 14, 2022). ([T]he employer’s burden is satisfied if he simply ‘explains what he has done’ or ‘produc[es] evidence of legitimate nondiscriminatory reasons.’)
- Herman v. AAR Aviation Corp, No. 3:20-cv-00326 (M.D. Fla. Mar. 7, 2022).(The plaintiff retains the burden of persuasion . . . the ultimate burden of persuading the court that []he has been the victim of intentional discrimination.)
- Parker v. Child.'s Nat'l Med. Ctr., Inc., No. 1:20-cv-03523, 2024 WL 943438 (D. Md. Mar. 4, 2024).
- Boutin v. Comcast Cable Commc'ns Mgmt., LLC, No. 3:21-cv-01630 (D. Conn. July 17, 2023).
Show 196 more citing cases
- W.Y.N.N. v. New Haven Bd. of Educ., No. 3:21-cv-00925 (D. Conn. Mar. 18, 2024).
- Staggers v. Becerra, No. 1:21-cv-00231 (D. Md. Jan. 16, 2024).
- Shibe v. Cardinal Credit Union, Inc., No. 1:21-cv-01436 (N.D. Ohio Sept. 11, 2023).
- Penneys Constr. Co. v. Ducci Elec. Contractors, Inc., No. 3:22-cv-00524 (D. Conn. July 18, 2024).
- Parlato v. East Haven, No. 3:22-cv-01094 (D. Conn. Nov. 26, 2024).
- Winsett v. H&S Resources Corp., No. 8:21-cv-02932 (D. Md. Jan. 21, 2025).
- Peters v. Se. Arkansas Behavioral Healthcare Sys. Inc, No. 2:23-cv-00135 (E.D. Ark. Feb. 26, 2025).
- Ames v. Ohio Dep't of Youth Servs., 605 U.S. 303 (2025).published
- Brown v. FCA US LLC/Stellantis, No. 2:23-cv-11768 (E.D. Mich. Mar. 31, 2025).
- Hare v. David S. Brown Enter., 340 A.3d 698 (Md. 2025).published
- Anyanwu v. City of San Antonio, No. 5:24-cv-00076 (W.D. Tex. Aug. 22, 2025).
- Guerrero v. Constellation Home Care, LLC (NY), No. 2:22-cv-07736 (E.D.N.Y. Sept. 4, 2025).
- Caruso v. Hill Country Mental Health & Developmental Disabilities Ctr., No. 5:23-cv-01422 (W.D. Tex. Sept. 12, 2025).
- Chislett v. N.Y.C. Dep't of Educ., 157 F.4th 172 (2d Cir. 2025).published
- Loggins, No. 2:23-cv-02749 (W.D. Tenn. Oct. 23, 2025).
- Anderson v. Bdo USA, P.C., No. 2024-2421 (D.D.C. June 9, 2026).published
- Williams-Johnson, No. 1:24-cv-01197 (D. Md. Aug. 3, 2026).
- Paris v. United Parcel Serv., Inc., No. 3:21-cv-00711 (D. Conn. Sept. 25, 2023).
- Gray v. Bd. of Trs. of the Georgia Military Coll., No. 5:21-cv-00052 (M.D. Ga. Sept. 13, 2023).
- Murray v. Univ. Hospitals Cleveland Med. Ctr., No. 1:22-cv-00391 (N.D. Ohio Dec. 18, 2023).
- Terry Dor v. TD Bank, No. 24-1126 (3d Cir. June 28, 2024).unpublished
- Lambert, No. 5:24-cv-00180 (M.D. Ga. Oct. 27, 2025).
- Christensen v. Labor Comm'n, 2025 UT 55.published
- Kuligowski, No. 3:24-cv-00626 (N.D. Ohio Sept. 14, 2026).
- Watkins v. Lincare Inc., No. 3:22-cv-00109 (S.D. W. Va. Apr. 26, 2024).
- Acheneje, No. 1:25-cv-01126 (D. Md. Sept. 25, 2026).
- Ronald Hittle v. City of Stockton, 76 F.4th 877 (9th Cir. 2023).published
- Paul Ossmann v. Meredith Corp., 82 F.4th 1007 (11th Cir. 2023).published
- Cunningham v. Ramjay Inc., No. 2022-0931 (D.D.C. Dec. 20, 2023).published
- Laura Germinario v. Westwood Reg'l Bd. of Educ., No. A-3137-21 (N.J. Super. Ct. App. Div. Dec. 22, 2023).unpublished
- Yazzie v. Nat'l Org. for Women, 712 F. Supp. 3d 56 (D.D.C. 2024).published
- Hart v. State, 310 A.3d 1157 (Md. Ct. Spec. App. 2024).published
- Ronald Hittle v. City of Stockton, 101 F.4th 1000 (9th Cir. 2024).published
- Saliego v. S.R.P., No. 3:22-cv-08045 (D. Ariz. Nov. 7, 2023).
- Lodato v. DeJoy, No. 3:21-cv-01424 (D. Conn. Jan. 19, 2024).
- Kelepecz v. Child.'s Learning Centers of Fairfield Cnty., Inc., No. 3:21-cv-00136 (D. Conn. Mar. 15, 2024).
- Brooks v. City of Clearwater, No. 8:21-cv-02967 (M.D. Fla. Dec. 1, 2023).
- Stafford v. Duval Cnty. Pub. Schs., 720 F. Supp. 3d 1216 (M.D. Fla. 2024).published
- Wilson v. CSX Transp., Inc., No. 3:21-cv-01212 (M.D. Fla. Mar. 15, 2024).
- Harris v. Quantix, No. 4:22-cv-00253 (S.D. Ga. Mar. 27, 2024).
- Marie Boan v. Florida Dep't of Corr., No. 23-13116 (11th Cir. June 21, 2024).unpublished
- Rogers v. City of Frankfort, No. 3:21-cv-00023 (E.D. Ky. Mar. 27, 2024).
- Malone v. DeJoy, No. 3:21-cv-03882 (W.D. La. Nov. 14, 2023).
- Jennings v. Frostburg State Univ., 679 F. Supp. 3d 240 (D. Md. 2023).published
- Bauknight v. Prince George's Cnty. Pub. Schs., No. 8:20-cv-03471 (D. Md. Sept. 12, 2023).
- Peterson v. Capital One N.A., 705 F. Supp. 3d 484 (D. Md. 2023).published
- Grant v. Baltimore City Police Dep't, No. 1:21-cv-02173 (D. Md. Feb. 1, 2024).
- CONNALLY v. United States Dep't of Vet. Affairs, No. 2:22-cv-10236 (E.D. Mich. Mar. 28, 2024).
- Staton v. City & Cnty. of Butte-Silver Bow, No. 2:20-cv-00060 (D. Mont. Nov. 9, 2023).
- Hassan v. North Dakota Dep't of Corr. & Rehab., No. 1:19-cv-00011 (D.N.D. Sept. 26, 2023).
- Damiani v. CMG Mortg., Inc., No. 1:22-cv-04783 (D.N.J. May 28, 2024).
- Aoun v. City of Las Vegas, No. 2:22-cv-01751 (D. Nev. Feb. 12, 2024).
- Cohen v. Arnot Health, Inc., No. 3:22-cv-00178 (N.D.N.Y. Feb. 1, 2024).
- Pasquarello v. Crothall Healthcare, Inc., No. 1:21-cv-08732 (S.D.N.Y. Sept. 5, 2023).
- Osinoff v. Nuvance Health, No. 7:22-cv-02017 (S.D.N.Y. Mar. 5, 2024).
- Hines v. Humana Ins. Co., 689 F. Supp. 3d 516 (S.D. Ohio 2023).published
- Gray v. State Farm Mut. Auto. Ins. Co., No. 2:20-cv-06038 (S.D. Ohio Feb. 5, 2024).
- Kalyango v. Ohio Univ., 723 F. Supp. 3d 627 (S.D. Ohio 2024).published
- Schofield v. Amazon Logistics, Inc., No. 2:22-cv-03025 (S.D. Ohio May 31, 2024).
- Braa v. Costco Wholesale Corp., No. 6:21-cv-00684 (D. Or. Aug. 8, 2023).
- Hughes v. Pac. Univ., No. 3:21-cv-00991 (D. Or. Nov. 13, 2023).
- Castellanos v. Kaiser Found. Health Plan of the Nw., No. 6:22-cv-00149 (D. Or. Jan. 25, 2024).
- Walter v. Eugene Sch. Dist. 4J, No. 6:23-cv-00688 (D. Or. Mar. 31, 2024).
- Su v. United States Postal Serv., 733 F. Supp. 3d 983 (D. Or. 2024).published
- Galette v. Avenue 365 Lending Servs. LLC, No. 2:22-cv-02778 (E.D. Pa. Jan. 23, 2024).
- Ripoli v. State of Rhode Island, No. 1:17-cv-00225 (D.R.I. Nov. 16, 2023).
- Butler-Bohn v. Walmart Inc, No. 7:22-cv-00156 (D.S.C. Sept. 19, 2023).
- Mooneyham v. Parker, No. 3:21-cv-00270 (E.D. Tenn. May 13, 2024).
- Blagg v. S.T.O.F.F.E. Fed. Credit Union, 2024-Ohio-2579, 248 N.E.3d 313.published
- White v. Patriot Erectors, No. 23-50444 (5th Cir. Aug. 26, 2024).unpublished
- Julia McCreight v. Auburn Bank, 117 F.4th 1322 (11th Cir. 2024).published
- Caldwell v. Champlain Coll., No. 21-cv-592 (Vt. Super. Ct. Sept. 19, 2024).published
- Fowler v. Gov't of the Dist. of Columbia, No. 2018-0634 (D.D.C. Sept. 30, 2024).published
- Marybeth Lukie v. MetLife Grp., Inc., No. 22-10967, 2024 WL 4471109 (11th Cir. Oct. 11, 2024).unpublished
- Burton v. DeJoy, No. 2:22-cv-00755 (D. Ariz. Sept. 23, 2024).
- Riley v. Acco Engineered Sys., No. 1:21-cv-01785 (E.D. Cal. Oct. 23, 2024).
- John Bogle v. Alabama Law Enf't Agency, No. 23-13947 (11th Cir. Oct. 31, 2024).unpublished
- Sobol v. DeJoy, No. 1:22-cv-00170 (D. Haw. July 9, 2024).
- Clarke v. Barnhart, No. 1:22-cv-03241 (D. Md. Jan. 30, 2024).
- Reeves v. Dimensions Health Corp., No. 8:21-cv-01674 (D. Md. June 28, 2024).
- Beny v. Univ. of Michigan, 740 F. Supp. 3d 621 (E.D. Mich. 2024).published
- Green v. Vilscack, No. 1:23-cv-00076 (D. Mont. Sept. 9, 2024).
- Massey v. Borough of Beregnfield, No. 2:20-cv-01942 (D.N.J. Sept. 11, 2024).unpublished
- Morgan v. Becerra, No. 1:21-cv-01139 (D.N.M. Sept. 30, 2024).
- Whittingham v. Attorney Gen.'s Off., No. 2:20-cv-00811 (D. Nev. Sept. 29, 2024).
- Tillman v. Grenadier Realty Corp., No. 1:21-cv-04827 (E.D.N.Y. Aug. 12, 2024).
- Bonds v. Berne Union Local Schs., No. 2:20-cv-05367 (S.D. Ohio July 2, 2024).
- Esperance v. Vilsack, No. 5:20-cv-05055 (D.S.D. Sept. 3, 2024).
- Bradley v. Swedish Health Servs., No. 2:22-cv-00581 (W.D. Wash. Dec. 22, 2023).
- Friedmann v. Franklin Pierce Pub. Schs., No. 3:22-cv-06010 (W.D. Wash. Sept. 30, 2024).
- Johnny Strickland v. City of Detroit, Mich., No. 23-2103 (6th Cir. Nov. 6, 2024).unpublished
- Houdeshell v. Council on Rural Prog. Servs. Inc., No. 3:23-cv-00281 (S.D. Ohio Nov. 18, 2024).
- Hamilton v. Norfolk S. Corp., No. 1:21-cv-00740, 2024 WL 4827008 (S.D. Ohio Nov. 19, 2024).
- Khan v. City Of Houston, No. 4:23-cv-00998 (S.D. Tex. Nov. 19, 2024).
- Adams v. City Of Mobile, No. 1:23-cv-00305 (S.D. Ala. Nov. 20, 2024).
- Tran v. Sewell Corp., No. 3:23-cv-01080 (N.D. Tex. Nov. 20, 2024).
- Kirby v. Sewell Corp., No. 3:24-cv-02116 (N.D. Tex. Dec. 4, 2024).
- Nolan v. St. Johns Cnty. Sch. Bd., No. 3:23-cv-01205 (M.D. Fla. Dec. 13, 2024).
- Campbell v. Univ. Med. Ctr. of S. Nevada, No. 2:23-cv-01375 (D. Nev. Dec. 16, 2024).
- Applewhite v. Illinois Dep't of Human Servs. Ludeman Dev. Servs. Agents, No. 1:20-cv-03214 (N.D. Ill. Dec. 23, 2024).
- Bonazza v. MUFG Bank, Ltd., No. 3:23-cv-01161 (N.D. Cal. Jan. 6, 2025).
- Bitisillie v. Haaland, No. 3:23-cv-00545 (D. Nev. Jan. 10, 2025).
- Jordan v. Alfa Mut. Ins. Co., No. 2:22-cv-00283 (M.D. Ala. Jan. 17, 2025).
- Andrew v. Waste Pro of Florida, Inc., No. 5:23-cv-00102 (M.D. Fla. Jan. 29, 2025).
- (PS) James v. Metzger Mgt. Co., No. 2:23-cv-01174 (E.D. Cal. Mar. 6, 2025).
- Forbes v. Tri-Cnty. Care, LLC., No. 1:21-cv-01366 (S.D.N.Y. Mar. 7, 2025).
- Falvey v. Ocean Surveys, Inc., No. 3:23-cv-01013 (D. Conn. Mar. 10, 2025).
- Nealis v. PGA Tour, Inc., No. 3:23-cv-00623 (M.D. Fla. Mar. 13, 2025).
- Alcy v. Northwell Health, Inc., No. 7:23-cv-00088 (S.D.N.Y. Mar. 14, 2025).
- Cavanaugh v. Northwell Health, Inc., No. 2:21-cv-01381 (E.D.N.Y. Mar. 24, 2025).
- Rene Edghill Smith v. New Brunswick Bd. of Educ., No. A-1642-23 (N.J. Super. Ct. App. Div. Mar. 28, 2025).unpublished
- Smith v. Am. Neighborhood Mortg. Acceptance Co., No. 3:23-cv-00628 (M.D. Fla. Mar. 30, 2025).
- Anderson v. Huffman, No. 8:23-cv-02782 (M.D. Fla. Mar. 28, 2025).
- Lyon v. Paramount Global, No. 1:22-cv-09229 (S.D.N.Y. Mar. 28, 2025).
- Aoun v. City of Las Vegas, No. 24-1537 (9th Cir. Apr. 7, 2025).unpublished
- Hien Nguyen v. John Phelan, No. 23-55632 (9th Cir. Apr. 11, 2025).unpublished
- Colestock v. DeJoy, No. 2:22-cv-00329 (W.D. Wash. Apr. 16, 2025).
- Wheat v. Wal-Mart Assocs., Inc., No. 1:22-cv-01524 (E.D. Cal. May 12, 2025).
- McCray v. Florida Gypsum, LLC, No. 6:23-cv-01567 (M.D. Fla. May 23, 2025).
- Lu v. Univ. of Dayton, 2025-Ohio-1948.published
- Gima v. City & Cnty. of Honolulu., 569 P.3d 1262 (Haw. 2025).published
- James Pieper v. New Jersey Juv. Just. Comm'n, No. A-0123-23 (N.J. Super. Ct. App. Div. June 26, 2025).unpublished
- Bogle v. Dep't of Mental Health & Addiction Servs., No. 3:23-cv-00323 (D. Conn. June 27, 2025).
- Grp. Home on Gibson Island, LLC v. Gibson Island Corp., 144 F.4th 522 (4th Cir. 2025).published
- Malla v. Gen. Motors, LLC, No. 2:24-cv-10205 (E.D. Mich. July 17, 2025).
- Gray v. City of Evergreen, No. 1:24-cv-00141 (S.D. Ala. July 18, 2025).
- Johnson v. Rockland Cnty. BOCES, No. 7:21-cv-03375 (S.D.N.Y. July 21, 2025).
- Goble v. Lexisnexis Special Servs., Inc., No. 1:23-cv-01774 (E.D. Va. Aug. 15, 2025).
- Zelton v. FedEx Express Corp., No. 2:23-cv-01174 (W.D. Wash. Aug. 26, 2025).
- Santarossa v. P & A Indus., Inc., No. 3:22-cv-00802 (N.D. Ohio Sept. 2, 2025).
- Emanuel v. Nelson, No. 4:23-cv-04714 (S.D. Tex. Sept. 8, 2025).
- Mazzie v. Admar Supply Co., No. 1:22-cv-01181 (N.D.N.Y. Sept. 26, 2025).
- Johnson v. Mayor & City Council of Baltimore, No. 1:22-cv-03268 (D. Md. Sept. 30, 2025).
- Stanford v. Howard Univ., No. 2023-3041, 2025 WL 3062907 (D.D.C. Nov. 3, 2025).published
- Loreto, No. 4:22-cv-00269 (D. Ariz. Oct. 21, 2025).
- DeGroat, No. 7:23-cv-02066 (S.D.N.Y. Sept. 25, 2025).
- Baker, No. 1:22-cv-03868 (S.D.N.Y. Sept. 29, 2025).
- Melanie Hood-Wilson v. Bd. of Trs., 162 F.4th 101 (4th Cir. 2025).published
- Faulk v. Owens Corning, No. 25-10356 (5th Cir. Dec. 18, 2025).unpublished
- Lough v. Hawaii Pac. Univ., 581 P.3d 296 (Haw. App. 2025).published
- West, No. 3:23-cv-01020 (D. Conn. Dec. 19, 2025).
- Lutnick, No. 1:25-cv-00934 (E.D. Va. Dec. 22, 2025).
- Watson v. Ohio Dept. of Dev., 2025-Ohio-5877.published
- Difolco v. MT State Hosp., 2026 MT 26, 585 P.3d 929.published
- Harris v. Cnn Am., Inc, No. 2023-3526 (D.D.C. Feb. 23, 2026).published
- Anderson, No. 3:24-cv-05256 (D.S.C. Feb. 27, 2026).
- Farrah, No. 1:23-cv-02868 (D. Colo. Mar. 12, 2026).
- Truesdale v. Dist. of Columbia Gov't, No. 2021-0315 (D.D.C. Mar. 31, 2026).published
- Hagans, No. 8:23-cv-01973 (D. Md. Mar. 17, 2026).
- Ways, No. 8:25-cv-00069 (D. Md. Mar. 19, 2026).
- Colwell, No. 2:24-cv-00310 (D. Ariz. Mar. 19, 2026).
- Brown, No. 2:24-cv-00368 (D. Ariz. Mar. 19, 2026).
- Brown, No. 8:23-cv-03442 (D. Md. Mar. 25, 2026).
- Gray, No. 3:23-cv-00347 (W.D.N.C. May 12, 2026).
- Yelder, No. 3:21-cv-00153 (D. Alaska May 18, 2026).
- Schroeder, No. 1:25-cv-00093 (S.D. Miss. May 20, 2026).
- George Payne Jr v. Indiana Dep't of Corr., No. 3:23-cv-00909 (N.D. Ind. May 4, 2026).
- Munoz, No. 4:24-cv-00303 (D. Idaho June 3, 2026).
- Draper, No. 2:25-cv-00925 (W.D. Wash. July 2, 2026).
- David S. Gray II v. Samsung Austin Semiconductor, LLC, No. 1:24-cv-01403 (W.D. Tex. June 17, 2026).
- Hal Tendler v. Resorts Casino Hotel, No. A-2896-24 (N.J. Super. Ct. App. Div. July 6, 2026).unpublished
- Farid v. Trs. of Dartmouth Coll., 181 F.4th 193 (1st Cir. 2026).published
- O'Brien v. Ohio Bur. Workers' Comp., 2026-Ohio-3001.published
- Rukiya Bates v. Leviton Mfg. Co., No. 3:24-cv-01414 (M.D. Tenn. July 31, 2026).
- Bhargao, No. 3:24-cv-00626 (M.D. Tenn. Aug. 4, 2026).
- Bridgeman, No. 3:24-cv-00183 (M.D. Tenn. Aug. 7, 2026).
- Tyree, No. 2:24-cv-01758 (D. Ariz. July 31, 2026).
- Spears, No. 3:24-cv-00716 (M.D. Tenn. Aug. 11, 2026).
- Barthinia Bates v. Daisy Educ. Corp., No. 2:24-cv-02647 (D. Ariz. Aug. 14, 2026).
- Hemphill, No. 3:24-cv-00866 (M.D. Tenn. Aug. 19, 2026).
- Russo v. New Hampshire Neurospine Inst., P.A., No. 25-1519 (1st Cir. Aug. 25, 2026).published
- Newman, No. 2:25-cv-00163 (S.D. Ga. Aug. 27, 2026).
- Constellation Ohio, L.L.C. v. McClain, 2026-Ohio-3579.published
- Richardson v. Nat'l R.R. Passenger Corp., No. 2024-2517 (D.D.C. Sept. 14, 2026).published
- Simms, No. 1:23-cv-02707 (D. Md. Sept. 14, 2026).
- Swietlicki, No. 1:22-cv-02334 (D. Colo. Sept. 17, 2026).
- Osie, No. 1:21-cv-00484 (S.D. Ohio Sept. 28, 2026).
- Wilson v. Nat'l R.R. Passenger Corp., No. 1:22-cv-02884 (D. Md. Mar. 20, 2025).
- Theresa Phillips v. Legacy Cabinet, 87 F.4th 1313 (11th Cir. 2023).published
- Bogle v. Alabama Law Enf't Agency, No. 1:22-cv-00256 (M.D. Ala. Nov. 1, 2023).
- Allen v. Saft Am., Inc., No. 3:21-cv-01189 (M.D. Fla. Sept. 15, 2023).
- Feldwisch v. Wormuth, No. 2:22-cv-11645 (E.D. Mich. Jan. 29, 2024).
- Gill v. McDonough, No. 4:21-cv-00411 (W.D. Mo. Nov. 20, 2023).
- Black v. Ohio Indus. Comm'n, No. 2:21-cv-02987 (S.D. Ohio Sept. 12, 2023).
- Stephanie Solis v. Ohio State Univ. Wexner Med. Ctr., No. 24-3230, 2024 WL 4579501 (6th Cir. Oct. 25, 2024).unpublished
- Sheil v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-03057 (D. Colo. July 5, 2024).
- Dobbins v. Vilsack, No. 4:23-cv-00632 (W.D. Mo. Jan. 6, 2025).
- Nicklin v. Costco Wholesale Corp., No. 1:24-cv-01133 (C.D. Ill. Aug. 6, 2025).
- Gazani v. City Of Houston, No. 4:22-cv-02470 (S.D. Tex. Aug. 29, 2025).
- Thaxton v. Halcyon Grp. Int'l, LLC, No. 5:23-cv-00208 (E.D.N.C. Sept. 11, 2025).
- Barber, No. 1:24-cv-00046 (S.D. Ala. Nov. 12, 2025).
- Ansell, No. 2:24-cv-00640 (S.D. W. Va. Dec. 18, 2025).
- Strasburg, No. 2:22-cv-00006 (N.D. W. Va. Feb. 11, 2026).
- Robinson, No. 3:24-cv-01635 (N.D. Ala. Mar. 10, 2026).
- Carragher v. Indiana Toll Road Concession Co., 936 F. Supp. 2d 981 (N.D. Ind. 2013).published“The [plaintiffs] burden now merges with the ultimate burden of persuading the court that [the plaintiff] has been the victim of intentional discrimination.”
- Irick v. Human Rights Comm'n, 726 N.E.2d 167 (Ill. App. Ct. 4th Dist. 2000).published“either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer's proffered explanation is unworthy of credence”
At page 255 Defendant's burden of production and specificity of reasons311 citing cases“defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiffs rejection ... [i]f the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted”
- Marucci v. Greater Baltimore Med. Ctr., Inc., No. 1:23-cv-00510, 2025 WL 860137 (D. Md. Mar. 18, 2025). See Hicks, 509 U.S. at 511 ; see also Burdine, 450 U.S. at 256 (“This burden [of demonstrating pretext] now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination.”). 16 As noted…
- Yockey v. Greater Baltimore Med. Ctr., Inc., No. 1:23-cv-00512 (D. Md. Mar. 18, 2025). See Hicks, 509 U.S. at 511 ; see also Burdine, 450 U.S. at 256 (“This burden [of demonstrating pretext] now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination.”). “[T]o show p…
- White v. Champion Home Builders, Inc., No. 5:22-cv-00073 (S.D. Ga. Jan. 18, 2024). Burdine, 450 U.S. at 256 (“This burden now merges with the ultimate burden of persuading the court that [Plaintiff] has been the victim of intentional discrimination.”).
- Simmons v. Mobile Cnty. Bd. of Sch. Commissioners, No. 1:22-cv-00386 (S.D. Ala. Dec. 18, 2023). (The plaintiff retains the burden of persuasion. [He] now must have the opportunity to demonstrate that the proffered reason was not the true reason for the employment decision. This burden now merges with the ultimate…)
- Bohannan v. Kimberly-clark Pennsylvania LLC, No. 2:21-cv-00618 (E.D. Pa. Sept. 28, 2022). ([T]he [pretext] factual inquiry proceeds to a new level of specificity.)
- West v. Butler Cnty. Bd. of Educ., 614 F. Supp. 3d 1050 (M.D. Ala. 2022).published (A defendant must present its legitimate, nondiscriminatory reason with sufficient clarity so that the plaintiff will have a full and fair opportunity to demonstrate pretext.)
- Patel v. Trinity Health Corp., No. 2:20-cv-10517, 2021 WL 4894637 (E.D. Mich. Oct. 20, 2021).([A]t bottom the question is always whether the employer made up its stated reason to conceal intentional retaliation.)
- Thomas Turner v. Kansas City S. Ry., 675 F.3d 887 (5th Cir. 2012).published
- Thomas Turner v. Kansas City S. Ry., No. 09-30558 (5th Cir. Mar. 26, 2012).published
- Thomas Turner v. Kansas City S. Ry., No. 09-30558 (5th Cir. June 22, 2012).published
Show 191 more citing cases
- Smith v. Ohio Dept. of Pub. Saf., 2013-Ohio-4210.published
- David A. Gauthier v. Keurig Green Mountain, Inc., 2015 VT 108, 129 A.3d 108.published
- Woods v. Mann+Hummel Filtration Tech. US LLC, No. 3:17-cv-00605 (W.D.N.C. Aug. 7, 2019).
- Little v. Hanes Indus., No. 5:17-cv-00228 (W.D.N.C. Oct. 7, 2019).
- Christensen v. Labor Comm'n, 2025 UT 55.published
- Luh v. J. M. Huber Corp, 211 F. App'x 143 (4th Cir. 2006).unpublished
- Young v. United Parcel Serv., Inc., 575 U.S. 206 (2015).published
- Ola C. Kirk v. Mississippi Dep't of Pub. Saf., 235 So. 3d 144 (Miss. Ct. App. 2017).published
- Matthieu W. Yangambi v. Providence Sch. Bd., 162 A.3d 1205 (R.I. 2017).published
- Carico v. UPS Ground Freight, Inc., No. 2:19-cv-00756 (M.D. Ala. June 21, 2021).
- Watkins v. Lincare Inc., No. 3:22-cv-00109 (S.D. W. Va. Apr. 26, 2024).
- Bennett v. Butler Cnty. Bd. of Educ., No. 2:18-cv-01061 (M.D. Ala. Jan. 3, 2025).
- Acheneje, No. 1:25-cv-01126 (D. Md. Sept. 25, 2026).
At page 252 Allocating burdens and order of proof in discrimination cases529 citing casesdiscrimination
- Simpson v. DeJoy, 641 F. Supp. 3d 772 (D. Ariz. 2022).published See also Burdine, 450 U.S. at 253-54 (“The 24 prima facie case serves an important function in the litigation: it eliminates the most 25 common nondiscriminatory reasons for the plaintiff’s rejection.”).
- Wheeler v. Miami Valley Career Tech. Ctr., No. 3:20-cv-00141 (S.D. Ohio Mar. 14, 2022). “This is a burden of production; although ‘[t]he defendant need not persuade the court that it was actually motivated by the proffered reasons,’ it must raise ‘a genuine issue of fact as to whether it discriminated against the plaintiff.’"…
- Parker v. Child.'s Nat'l Med. Ctr., Inc., No. 1:20-cv-03523, 2024 WL 943438 (D. Md. Mar. 4, 2024).
- Sharon McGuigan v. Sec US Dept Treas, No. 10-4462 (3d Cir. June 21, 2011).unpublished
- Thomas Turner v. Kansas City S. Ry., 675 F.3d 887 (5th Cir. 2012).published
- Thomas Turner v. Kansas City S. Ry., No. 09-30558 (5th Cir. Mar. 26, 2012).published
- Thomas Turner v. Kansas City S. Ry., No. 09-30558 (5th Cir. June 22, 2012).published
- Howard v. Off. of the Chief Admin. Officer of the United States House of Representatives, 720 F.3d 939 (D.C. Cir. 2013).published
- TECO Barge Line, Inc. v. Justin P. Wilson, No. M2009-01675-COA-R12-CV (Tenn. Ct. App. July 9, 2010).published
- Gary M. Gossett v. Tractor Supply Co., No. M2007-02530-SC-R11-CV (Tenn. Sept. 20, 2010).published
Show 187 more citing cases
- Horne v. Internat. Union Painters, No. A135470 (Cal. Ct. App. Dec. 3, 2013).published
- Gross v. Logistics Support, Inc., No. 2012-1531 (D.D.C. July 8, 2013).published
- Wilson v. United States Dep't of Transp., No. 2010-0490 (D.D.C. Oct. 4, 2011).published
- Beckham v. Nat'l R.R. Passenger Corp., No. 2008-0172 (D.D.C. Sept. 9, 2010).published
- Smith v. Ohio Dept. of Pub. Saf., 2013-Ohio-4210.published
- Lataunya Howard v. Chief Admin. Officer of U.S., No. 12-5119 (D.C. Cir. June 28, 2013).published
- David A. Gauthier v. Keurig Green Mountain, Inc., 2015 VT 108, 129 A.3d 108.published
- Staci Russell v. Three Pillars, No. 21-1481, 2022 WL 351770 (6th Cir. Feb. 7, 2022).unpublished
- Patricia Levine v. Louis DeJoy, 64 F.4th 789 (6th Cir. 2023).published
- Boutin v. Comcast Cable Commc'ns Mgmt., LLC, No. 3:21-cv-01630 (D. Conn. July 17, 2023).
- W.Y.N.N. v. New Haven Bd. of Educ., No. 3:21-cv-00925 (D. Conn. Mar. 18, 2024).
- Staggers v. Becerra, No. 1:21-cv-00231 (D. Md. Jan. 16, 2024).
- Woods v. Mann+Hummel Filtration Tech. US LLC, No. 3:17-cv-00605 (W.D.N.C. Aug. 7, 2019).
- Little v. Hanes Indus., No. 5:17-cv-00228 (W.D.N.C. Oct. 7, 2019).
- Shibe v. Cardinal Credit Union, Inc., No. 1:21-cv-01436 (N.D. Ohio Sept. 11, 2023).
- Egelkamp v. Archdiocese of Philadelphia, No. 2:19-cv-03734 (E.D. Pa. May 18, 2021).
- Harrigan-Braxton v. Temple Univ. Hosp., No. 2:21-cv-05240 (E.D. Pa. July 25, 2023).
- Penneys Constr. Co. v. Ducci Elec. Contractors, Inc., No. 3:22-cv-00524 (D. Conn. July 18, 2024).
- Parlato v. East Haven, No. 3:22-cv-01094 (D. Conn. Nov. 26, 2024).
- Winsett v. H&S Resources Corp., No. 8:21-cv-02932 (D. Md. Jan. 21, 2025).
- Peters v. Se. Arkansas Behavioral Healthcare Sys. Inc, No. 2:23-cv-00135 (E.D. Ark. Feb. 26, 2025).
- Ames v. Ohio Dep't of Youth Servs., 605 U.S. 303 (2025).published
- Delsonya Wilkins-Bailey v. Essity Prof'l Hygiene North Am., LLC, No. 25-1992 (4th Cir. Aug. 31, 2026).published
At page 258 Plaintiff's burden to prove disparate treatment under Title VII199 citing cases[T]he defendant's explanation of its legitimate reasons must be clear and reasonably specific" so that "the plaintiff be afforded a 'full and fair opportunity' to demonstrate pretext.
- Reeves, No. 8:23-cv-02017 (D. Md. Sept. 24, 2026). ([T]he defendant’s explanation of its legitimate reasons must be clear and reasonably specific.)
- Ismail v. McDermott Int'l Inc., No. 3:19-cv-01305 (M.D. Pa. Mar. 13, 2024).([I]t is the plaintiff’s task to demonstrate that similarly situated employees were not treated equally.)
- Volking v. Airxcel, Inc., No. 6:22-cv-01046 (D. Kan. Apr. 28, 2023). Valley City, 832 F.3d 1188, 1200 (10th Cir. 2016) (holding that “plaintiff must make only a ‘de minimis showing’ to establish a prima facie case . . . under the McDonnell Douglas framework” (quoting Plotke v. White, 405 F.3d 1092, 1102 (10…
- Equal Emp. Opportunity Comm'n v. Ferman Mgmt. Servs. Corp., No. 8:18-cv-02055 (M.D. Fla. Apr. 5, 2023). (A mere statement that the employer hired the best qualified person leaves no opportunity for the employee to rebut the given reason as a pretext, which the employee must do if a proper reason is articulated.)
- Lazarte v. Montgomery Cnty. Pub. Schs., No. 8:20-cv-01515, 2021 WL 5770281 (D. Md. Dec. 6, 2021).(McDonnell Douglas teaches that it is the plaintiff’s task to demonstrate that similarly situated employees were not treated equally.)
- Howard v. Off. of the Chief Admin. Officer of the United States House of Representatives, 720 F.3d 939 (D.C. Cir. 2013).published
- Lataunya Howard v. Chief Admin. Officer of U.S., No. 12-5119 (D.C. Cir. June 28, 2013).published
- Egelkamp v. Archdiocese of Philadelphia, No. 2:19-cv-03734 (E.D. Pa. May 18, 2021).
- Harrigan-Braxton v. Temple Univ. Hosp., No. 2:21-cv-05240 (E.D. Pa. July 25, 2023).
- Nixon v. Anchor Glass Container Corp., No. 5:23-cv-00362 (M.D. Ga. Dec. 6, 2024).
Show 182 more citing cases
- Wills, No. 1:23-cv-01158 (D. Md. Aug. 3, 2026).
- Ola C. Kirk v. Mississippi Dep't of Pub. Saf., 235 So. 3d 144 (Miss. Ct. App. 2017).published
- Matthieu W. Yangambi v. Providence Sch. Bd., 162 A.3d 1205 (R.I. 2017).published
- Carico v. UPS Ground Freight, Inc., No. 2:19-cv-00756 (M.D. Ala. June 21, 2021).
- Gray, No. 3:23-cv-00347 (W.D.N.C. May 12, 2026).
- Bruno v. City of Crown Point, 950 F.2d 355 (7th Cir. 1991).published
- Stone v. Dep't of Human Rights, No. 4-98-0054 (Ill. App. Ct. 4th Dist. Sept. 28, 1998).published
- Seaton v. United States Dep't of Agric., No. 5:16-cv-00309 (E.D. Ky. Sept. 30, 2019).
- Feldwisch v. Wormuth, No. 2:22-cv-11645 (E.D. Mich. Jan. 29, 2024).
At page 259 Employer discretion in hiring and title vii liability117 citing casesThe fact that a court may think that the employer misjudged the qualifications of the [employees] does not in itself expose him to Title VII liability, although this may be probative of whether the employer's reasons are pretexts for discrimination.
- United States v. City of New York, 713 F. Supp. 2d 300 (S.D.N.Y. 2010).published “the fact that a court may think that the employer misjudged the qualifications of the applicants does not in itself expose him to title vii liability, although this may be probative of whether the employer's reasons are…”
- Carr v. New York City Transit Auth., 76 F.4th 172 (2d Cir. 2023).published ([T]he employer has discretion 26 to choose among equally qualified candidates, provided the decision 27 is not based upon unlawful criteria.)
- Equal Emp. Opportunity Comm'n v. Ferman Mgmt. Servs. Corp., No. 8:18-cv-02055 (M.D. Fla. Apr. 5, 2023). Importantly, however, to afford a plaintiff “a full and fair opportunity to demonstrate pretext” in this context, the “defendant’s explanation of its legitimate reason[ ] must be clear and reasonably specific.” Texas Dep’t of Cmty. Affairs…
- Los Angeles Cnty. Dep't of Parks & Rec. v. Civil Serv. Comm'n, 8 Cal. App. 4th 273 (Cal. Ct. App. 1992).published
- Rivera v. Pra Health Sciences, No. 2:22-cv-02551 (E.D. Pa. Oct. 24, 2023).
- Luh v. J. M. Huber Corp, 211 F. App'x 143 (4th Cir. 2006).unpublished
- Young v. United Parcel Serv., Inc., 575 U.S. 206 (2015).published
- Brown, No. 8:23-cv-03442 (D. Md. Mar. 25, 2026).
- Bruno v. City of Crown Point, 950 F.2d 355 (7th Cir. 1991).published
- Stone v. Dep't of Human Rights, No. 4-98-0054 (Ill. App. Ct. 4th Dist. Sept. 28, 1998).published
Show 107 more citing cases
- Seaton v. United States Dep't of Agric., No. 5:16-cv-00309 (E.D. Ky. Sept. 30, 2019).
- Patterson v. McLean Credit Union, 491 U.S. 164 (1989).published
- Ash v. Tyson Foods, Inc., 546 U.S. 454 (2006).published
- Edwards v. Liberty Nat'l, 89 F.3d 849 (10th Cir. 1996).unpublished
- Jacqueline R. PIVA v. XEROX Corp., 654 F.2d 591 (9th Cir. 1981).published
At page 257 Burden of production under the McDonnell Douglas test56 citing cases[T]o satisfy this intermediate burden [of the McDonnell Douglas test], the [defendant] need 13 only produce admissible evidence which would allow the trier of fact rationally to conclude that the ... decision had not been motivated by discriminatory animus.
- Lee v. Delta Airlines, Inc., No. 2:20-cv-01705 (E.D.N.Y. Mar. 22, 2024).([T]o satisfy this intermediate burden [of the McDonnell Douglas test], the [defendant] need 13 only produce admissible evidence which would allow the trier of fact rationally to conclude that the ... decision had not b…)
- Gonzalez v. US Human Rights Network, No. 2:20-cv-00757 (D. Ariz. Oct. 3, 2022). See also id. at 256-57 (“[T]he employer’s burden is satisfied if he simply 2 explains what he has done or produces evidence of legitimate nondiscriminatory reasons. 3 It is plain that the Court of Appeals required much more: it placed on t…
- West v. Butler Cnty. Bd. of Educ., 614 F. Supp. 3d 1050 (M.D. Ala. 2022).published See also Burdine, 450 U.S. at 255-56 (“A defendant must present its legitimate, nondiscriminatory reason with sufficient clarity so that the plaintiff will have a full and fair opportunity to demonstrate pretext.”).
- Staci Russell v. Three Pillars, No. 21-1481, 2022 WL 351770 (6th Cir. Feb. 7, 2022).unpublished
- Patricia Levine v. Louis DeJoy, 64 F.4th 789 (6th Cir. 2023).published
- Kuligowski, No. 3:24-cv-00626 (N.D. Ohio Sept. 14, 2026).
- Ola C. Kirk v. Mississippi Dep't of Pub. Saf., 235 So. 3d 144 (Miss. Ct. App. 2017).published
- Bennett v. Butler Cnty. Bd. of Educ., No. 2:18-cv-01061 (M.D. Ala. Jan. 3, 2025).
- Valdez v. San Antonio Chamber of Com., No. 91-5820 (5th Cir. Sept. 25, 1992).published
- Don R. Watkins v. Thomas K. Turnage, 883 F.2d 70 (4th Cir. 1989).unpublished
Show 45 more citing cases
- Carl B. Hudgens v. MacOn Farmers Coop., 894 F.2d 1336 (6th Cir. 1990).unpublished
- Damyanti Kisanee v. H. Lawrence Garrett, Iii, 988 F.2d 120 (9th Cir. 1993).unpublished
- Nathaniel C. Anderson v. San Diego Cnty. Dep't of Pub. Works, 990 F.2d 1255 (9th Cir. 1993).unpublished
- Parker v. Hous. Auth. of Kansas City, Kan., 996 F.2d 311 (10th Cir. 1993).published
- Sheil v. Comm'r, Soc. Sec. Admin., No. 1:20-cv-03057 (D. Colo. July 5, 2024).
At page 248 Establishing prima facie case and shifting burden in discrimination claims29 citing casesThe ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.
- Moore v. Eli Lilly & Co., No. 92-1770 (5th Cir. May 3, 1993).published
- Herman Raggs v. Mississippi Power & Light Co., 278 F.3d 463 (5th Cir. 2002).published
- Lewis J. Knighton v. Laurens Cnty. Sch. Dist. No. 56 & Charles L. Cummins, Jr., 721 F.2d 976 (4th Cir. 1983).published
- Pamela K. Wienke v. Haworth, Inc., 983 F.2d 1071 (6th Cir. 1993).unpublished
- 62 Fair empl.prac.cas. 1289 v. Super Valu Stores, Inc., 3 F.3d 1419 (10th Cir. 1993).published
- Jackson v. GTE Directories Serv. Corp., 734 F. Supp. 258 (N.D. Tex. 1990).published
- Douglas v. Evans, 916 F. Supp. 1539 (M.D. Ala. 1996).published
- Walton v. St. Louis Cmty. Coll., 583 F. Supp. 458 (E.D. Mo. 1984).published
- Ptomey v. Texas Tech Univ., 277 S.W.3d 487 (Tex. App.—Amarillo 2009).published
- Sanderson v. St. Louis Univ., 586 F. Supp. 954 (E.D. Mo. 1984).published
Show 17 more citing cases
- Ulloa v. Am. Express Travel Related Servs. Co., 822 F. Supp. 1566 (S.D. Fla. 1993).published
- Allen v. City of Yonkers, 803 F. Supp. 679 (S.D.N.Y. 1992).published
- Ogden Eng'g Corp. v. St. Louis Ship, 568 F. Supp. 49 (N.D. Ind. 1983).published
- Pepe v. Rival Co., 85 F. Supp. 2d 349 (D.N.J. 1999).published
At page 260 Burden of proof after prima facie case of discrimination15 citing cases“[T]here may be some cases where the plaintiff's initial [prima facie] evidence, combined with effective cross-examination of the defendant, will suffice to discredit the defendant's explanation.”
- Jacqueline R. PIVA v. XEROX Corp., 654 F.2d 591 (9th Cir. 1981).published
- Williams v. City of Arvada, No. 1:21-cv-02236 (D. Colo. Feb. 16, 2023).
- Washington v. United Parcel Serv., No. 6:20-cv-00077 (D. Mont. June 2, 2022).
- Williams v. City of Milwaukee, No. 2:19-cv-00118 (E.D. Wis. Oct. 20, 2021).
- Kidd v. Dist. of Columbia, 206 F.3d 35 (D.C. Cir. 2000).published“[T]here may be some cases where the plaintiff's initial [prima facie] evidence, combined with effective cross-examination of the defendant, will suffice to discredit the defendant's explanation.”
- William Singfield v. Akron Metro. Hous. Auth., 389 F.3d 555 (6th Cir. 2004).published“[a]n articulation not admitted into evidence will not suffice. Thus, the defendant cannot meet its burden merely . . . by argument of counsel”
- Arthur Young & Co. v. Sutherland, 631 A.2d 354 (D.C. 1993).published“the allocation of burdens and the creation of a presumption by the establishment of a pri-ma facie case is intended progressively to sharpen the inquiry into the elusive factual question of intentional discrimination”
- Robert B. Reich v. Hoy Shoe Co., 32 F.3d 361 (8th Cir. 1994).published“there may be some cases where the plaintiff's initial evidence, combined with effective cross-examination of the defendant, will suffice to discredit defendant's explanation”
- Anhydrides & Chemicals, Inc. v. United States, 130 F.3d 1481 (Fed. Cir. 1997).published“The word ‘presumption’ properly used refers only to a device for allocating the production burden.”
- Equal Emp. Opportunity Comm'n v. Local 638 ... Local 28 of the Sheet Metal Workers' Int'l Ass'n, 674 F. Supp. 91 (S.D.N.Y. 1987).published“[Defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the [claimant’s] rejection. An articulation not admitted into evidence will not suffice. Thus, the defendant cannot me…”
Show 5 more citing cases
- LABATI v. Univ. of Miami, 16 So. 3d 886 (Fla. 3d DCA 2009).published“When the plaintiff has proved a prima facie case of discrimination, the defendant bears only the burden of explaining clearly the nondiscriminatory reasons for its actions.”
- James Michael Strickland v. State of Mississippi, No. 2006-KA-01573-SCT (Miss. Aug. 31, 2006).published“[t]he phrase ‘prima facie case’ . . . may be used by courts to describe the plaintiff’s burden of producing enough evidence to permit the trier of fact to infer the fact at issue.”
- Viviani v. Coffey & Assocs. Inc, No. 5:22-cv-00090 (W.D. Okla. May 12, 2023).“Indeed, there may be some cases where the plaintiff’s initial evidence, combined with effective cross-examination of the defendant, will suffice to discredit the defendant’s explanation.”
- Est. of Jones v. Phillips ex rel. Phillips, 992 So. 2d 1131 (Miss. 2008).published“[t]he phrase `prima facie case' ... may be used by courts to describe the plaintiff's burden of producing enough evidence to permit the trier of fact to infer the fact at issue.”
At page 250 Shifting burden of proof after prima facie case established14 citing casesseveral years’ experience sufficient to meet qualification prong
- United States Postal Serv. Bd. of Governors v. Aikens, 453 U.S. 902 (1981).published
- Robert I. RIDENOUR v. LAWSON Co., 791 F.2d 52 (6th Cir. 1986).published
- Gertrude Ketron v. Univ. of Kentucky, 927 F.2d 604 (6th Cir. 1991).unpublished
- Flagg v. Control Data, 806 F. Supp. 1218 (E.D. Pa. 1992).published
- Maier v. Police & Fire Fed. Credit Union, 813 F. Supp. 326 (E.D. Pa. 1993).published
- Los Angeles Cnty. Dep't of Parks & Rec. v. Civil Serv. Comm'n, 8 Cal. App. 4th 273 (Cal. Ct. App. 1992).published
- Bogues v. Town of Trumbull, 383 F. Supp. 2d 348 (D. Conn. 2005).published
- Butler v. Elwyn Inst., 765 F. Supp. 243 (E.D. Pa. 1991).published
- Stevens v. Coach U.S.A., 386 F. Supp. 2d 55 (D. Conn. 2005).published
- Light v. Carranza, No. 2008-1074 (D.D.C. Mar. 25, 2010).published
Show 4 more citing cases
- Efrain Reynaga v. Roseburg Forest Prods., 847 F.3d 678 (9th Cir. 2017).published
- Parker v. Child.'s Nat'l Med. Ctr., Inc., No. 1:20-cv-03523, 2024 WL 943438 (D. Md. Mar. 4, 2024).
- Sharon Finizie v. Sec'y United States Dep't of Vets. Aff, No. 23-2594 (3d Cir. Aug. 21, 2024).unpublished
- Martinez Patterson v. AT&T Servs. Inc, No. 2:18-cv-01180 (W.D. Wash. Oct. 18, 2019).
101 S. Ct. at 1091 Affirmative action compliance under civil rights statutes4 citing cases
- 26 Fair empl.prac.cas. 518 v. Eugene Smith, 654 F.2d 503 (8th Cir. 1981).published
- Eccleston v. Sec'y of the Navy, 700 F. Supp. 67 (D.D.C. 1988).published
- Coleman v. Toys" R" US, Inc., 976 F. Supp. 713 (N.D. Ohio 1997).published
- Valentine v. Smith, 654 F.2d 503 (8th Cir. 1981).published
At page 251 Analyzing employment decisions under title vii for gender discrimination3 citing cases“The court held that the District Court’s “implicit evidentiary finding” that the male hired as Project Director was better qualified for that position than respondent was not clearly erroneous.”
- Price v. Taco Bell Corp., 934 F. Supp. 1193 (D. Or. 1996).published
- White v. Miami-Dade Cnty., No. 1:18-cv-21862 (S.D. Fla. May 29, 2024).
- White v. Miami-Dade Cnty., No. 1:18-cv-21862 (S.D. Fla. July 19, 2024).
67 L. Ed. 2d at 254 Establishing prima facie case and shifting burden of proof3 citing cases
- Anthony Clayton v. Meijer, Inc., 281 F.3d 605 (6th Cir. 2002).published
- Father Flanagan's Boys' Home v. Agnew, 590 N.W.2d 688 (Neb. 1999).published
At page 249 Determining if RIF constitutes legitimate termination reason1 citing case[T]he implementation of a RIF constitutes a legitimate, facially nondiscriminatory reason for [the] decision to terminate [an employee].
- Bell v. Judge Mem'l Catholic High Sch., No. 2:20-cv-00829 (D. Utah May 22, 2023).([T]he implementation of a RIF constitutes a legitimate, facially nondiscriminatory reason for [the] decision to terminate [an employee].)
Other citing cases
- Dixon v. Reg'l Univ. Sys. of the Oklahoma Bd., 125 F.4th 1321 (10th Cir. 2025).published
- Aguirre-Molina v. New York State Div. of Alcoholism & Alcohol Abuse, 675 F. Supp. 53 (N.D.N.Y. 1987).published
v.
Burdine
delivered the opinion of the Court.
This case requires us to address again the nature of the evidentiary burden placed upon the defendant in an em[*250] ployment discrimination suit brought under Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq. The narrow question presented is whether, after the plaintiff has proved a prima facie case of discriminatory treatment, the burden shifts to the defendant to persuade the court by a preponderance of the evidence that legitimate, nondiscriminatory reasons for the challenged employment action existed.
I
Petitioner, the Texas Department of Community Affairs (TDCA), hired respondent, a female, in January 1972, for the position of accounting clerk in the Public Service Careers Division (PSC). PSC provided training and employment opportunities in the public sector for unskilled workers. When hired, respondent possessed several years’ experience in employment training. She was promoted to Field Services Coordinator in July 1972. Her supervisor resigned in November of that year, and respondent was assigned additional duties. Although she applied for the supervisor’s position of Project Director, the position remained vacant for six months.
PSC was funded completely by the United States Department of Labor. The Department was seriously concerned about inefficiencies at PSC. [1] In February 1973, the Department notified the Executive Director of TDCA, B. R. Fuller, that it would terminate PSC the following month. TDCA officials, assisted by respondent, persuaded the Department to continue funding the program, conditioned upon PSC’s reforming its operations. Among the agreed conditions were the appointment of a permanent Project Director and a complete reorganization of the PSC staff. [2]
After consulting with personnel within TDCA, Fuller hired[*251] a male from another division of the agency as Project Director. In reducing the PSC staff, he fired respondent along with two other employees, and retained another male, Walz, as the only professional employee in the division. It is undisputed that respondent had maintained her application for the position of Project Director and had requested to remain with TDCA. Respondent soon was rehired by TDCA and assigned to another division of the agency. She received the exact salary paid to the Project Director at PSC, and the subsequent promotions she has received have kept her salary and responsibility commensurate with what she would have received had she been appointed Project Director.
Respondent filed this suit in the United States District Court for the Western District of Texas. She alleged that the failure to promote and the subsequent decision to terminate her had been predicated on gender discrimination in violation of Title VII. After a bench trial, the District Court held that neither decision was based on gender discrimination. The court relied on the testimony of Fuller that the employment decisions necessitated by the commands of the Department of Labor were based on consultation among trusted advisers and a nondiscriminatory evaluation of the relative qualifications of the individuals involved. He testified that the three individuals terminated did not work well together, and that TDCA thought that eliminating this problem would improve PSC’s efficiency. The court accepted this explanation as rational and, in effect, found no evidence that the decisions not to promote and to terminate respondent were prompted by gender discrimination.
The Court of Appeals for the Fifth Circuit reversed in part. 608 F. 2d 563 (1979). The court held that the District Court’s “implicit evidentiary finding” that the male hired as Project Director was better qualified for that position than respondent was not clearly erroneous. Accordingly, the court affirmed the District Court’s finding that respondent was not discriminated against when she was not promoted. The[*252] Court of Appeals, however, reversed the District Court’s finding that Fuller’s testimony sufficiently had rebutted respondent’s prima facie case of gender discrimination in the decision to terminate her employment at PSC. The court reaffirmed its previously announced views that the defendant in a Title VII case bears the burden of proving by a preponderance of the evidence the existence of legitimate nondiscriminatory reasons for the employment action and that- the defendant also must prove by objective evidence that those hired or promoted were better qualified than the plaintiff. The court found that Fuller’s testimony did not carry either of these evidentiary burdens. It, therefore, reversed the judgment of the District Court and remanded the case for computation of backpay. [3] Because the decision of the Court of Appeals as to the burden of proof borne by the defendant conflicts with interpretations of our precedents adopted by other Courts of Appeals, [4] we granted certiorari. 447 U. S. 920 (1980). We now vacate the Fifth Circuit’s decision and remand for application of the correct standard.
II
In McDonnell Douglas Corp. v. Green, 411 U. S. 792 (1973), we set forth the basic allocation of burdens and order of presentation of proof in a Title VII case alleging discriminatory treatment. [5] First, the plaintiff has the burden of proving by[*253] the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” Id., at 802. Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination. Id., at 804.
The nature of the burden that shifts to the defendant should be understood in light of the plaintiff’s ultimate and intermediate burdens. The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff. See Board of Trustees of Keene State College v. Sweeney, 439 U. S. 24, 25, n. 2 (1978); id., at 29 (Stevens, J., dissenting). See generally 9 J. Wigmore, Evidence § 2489 (3d ed. 1940) (the burden of persuasion “never shifts”). The McDonnell Douglas division of intermediate evidentiary burdens serves to bring the litigants and the court expeditiously and fairly to this ultimate question.
The burden of establishing a prima facie case of disparate treatment is not onerous. The plaintiff must prove by a proponderence of the evidence that she applied for an available position for which she was qualified, but was rejected under circumstances which give rise to an inference of unlawful discrimination. [6] The prima facie case serves an important[*254] function in the litigation: it eliminates the most common nondiscriminatory reasons for the plaintiff's rejection. See Teamsters v. United States, 431 U. S. 324, 358, and n. 44 (1977). As the Court explained in Furnco Construction Corp. v. Waters, 438 U. S. 567, 577 (1978), the prima facie case “raises an inference of discrimination only because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors.” Establishment of the prima facie case in effect creates a presumption that the employer unlawfully discriminated against the employee. If the trier of fact believes the plaintiff’s evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case. [7]
The burden that shifts to the defendant, therefore, is to rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason. The defendant need not persuade the court that it was actually motivated by the proffered reasons. See Sweeney, supra, at 25. It is sufficient if the defendant’s evidence raises a genuine issue of fact as to whether it discriminated against the plain[*255] tiff. [8] To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. [9] The explanation provided must be legally sufficient to justify a judgment for the defendant. If the defendant carries this burden of production, the presumption raised by the prima facie case is rebutted, [10] and the factual inquiry proceeds to a new level of specificity. Placing this burden of production on the defendant thus serves simultaneously to meet the plaintiff’s prima facie case by presenting a legitimate reason for the action and to frame the factual issue with sufficient clarity so that the[*256] plaintiff will have a full and fair opportunity to demonstrate pretext. The sufficiency of the defendant’s evidence should be evaluated by the extent to which it fulfills these functions.
The plaintiff retains the burden of persuasion. She now must have the opportunity to demonstrate that the proffered reason wí ■ not the true reason for the employment decision. This burden now merges with the ultimate burden of persuading the court that she has been the victim of intentional discrimination. She may succeed in this either directly by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence. See McDonnell Douglas, 411 U. S., at 804-805.
Ill
In reversing the judgment of the District Court that the discharge of respondent from PSC was unrelated to her sex, the Court of Appeals adhered to two rules it had developed to elaborate the defendant’s burden of proof. First, the defendant must prove by a preponderence of the evidence that legitimate, nondiscriminatory reasons for the discharge existed. 608 F. 2d, at 567. See Turner v. Texas Instruments, Inc., 555 F. 2d 1251, 1255 (CA5 1977). Second, to satisfy this burden, the defendant “must prove that those he hired . . . were somehow better qualified than was plaintiff; in other words, comparative evidence is needed.” 608 F. 2d, at 567 (emphasis in original). See East v. Romine, Inc., 518 F. 2d 332, 339-340 (CA5 1975).
A
The Court of Appeals has misconstrued the nature of the burden that McDonnell Douglas and its progeny place on the defendant. See Part II, supra. We stated in Sweeney that “the employer’s burden is satisfied if he simply ‘explains what he has done’ or ‘productes] evidence of legitimate nondiscriminatory reasons.’ ” 439 U. S., at 25, n. 2, quoting id., at 28, 29 (Stevens, J., dissenting). It is plain that the Court[*257] of Appeals required much more: it placed on the defendant the burden of persuading the court that it had convincing, objective reasons for preferring the chosen applicant above the plaintiff. [11]
The Court of Appeals distinguished Sweeney on the ground that the case held only that the defendant did not have the burden of proving the absence of discriminatory intent. But this distinction slights the rationale of Sweeney and of our other eases. We have stated consistently that the employee’s prima facie case of discrimination will be rebutted if the employer articulates lawful reasons for the action; that is, to satisfy this intermediate burden, the employer need only produce admissible evidence which would allow the trier of fact rationally to conclude that the employment decision had not been motivated by discriminatory animus. The Court of Appeals would require the defendant to introduce evidence which, in the absence of any evidence of pretext, would persuade the trier of fact that the employment action was lawful. This exceeds what properly can be demanded to satisfy a burden of production.
The court placed the burden of persuasion on the defendant apparently because it feared that “[i]f an employer need[*258] only articulate — not prove — a legitimate, nondiscriminatory reason for his action, he may compose fictitious, but legitimate, reasons for his actions.” Turner v. Texas Instruments, Inc., supra, at 1255 (emphasis in original). We do not believe, however, that limiting the defendant’s evidentiary obligation to a burden of production will unduly hinder the plaintiff. First, as noted above, the defendant’s explanation of its legitimate reasons must be clear and reasonably specific. Supra, at 255. See Loeb v. Textron, Inc., 600 F. 2d 1003, 1011-1012, n. 5 (CA1 1979). This obligation arises both from the necessity of rebutting the inference of discrimination arising from the prima facie ease and from the requirement that the plaintiff be afforded “a full and fair opportunity” to demonstrate pretext. Second, although the defendant does not bear a formal burden of persuasion, the defendant nevertheless. retains an incentive to persuade the trier of fact that the employment decision was lawful. Thus, the defendant normally will attempt to prove the factual basis for its explanation. Third, the liberal discovery rules applicable to any civil suit in federal court are supplemented in a Title VII suit by the plaintiff’s access to the Equal Employment Opportunity Commission’s investigatory files concerning her complaint. See EEOC v. Associated Dry Goods Corp., 449 U. S. 590 (1981). Given these factors, we are unpersuaded that the plaintiff will find it particularly difficult to prove that a proffered explanation lacking a factual basis is a pretext. We remain confident that the McDonnell Douglas framework permits the plaintiff meriting relief to demonstrate intentional discrimination.
B
The Court of Appeals also erred in requiring the defendant to prove by objective evidence that the person hired or promoted was more qualified than the plaintiff. McDonnell Douglas teaches that it is the plaintiff’s task to demonstrate that similarly situated employees were not treated equally. 411 U. S., at 804. The Court of Appeals’ rule would require[*259] the employer to show that the plaintiff’s objective qualifications were inferior to those of the person selected. If it cannot, a court would, in effect, conclude that it has discriminated.
The court’s procedural rule harbors a substantive error. Title VII prohibits all discrimination in employment based upon race, sex, and national origin. “The broad, overriding interest, shared by employer, employee, and consumer, is efficient and trustworthy workmanship assured through fair and . . . neutral employment and personnel decisions.” McDonnell Douglas, supra, at 801. Title VII, however, does not demand that an employer give preferential treatment to minorities or women. 42 U. S. C. § 2000e-2 (j). See Steelworkers v. Weber, 443 U. S. 193, 205-206 (1979). The statute was not intended to “diminish traditional management prerogatives.” Id., at 207. It does not require the employer to restructure his employment practices to maximize the number of minorities and women hired. Furnco Construction Corp. v. Waters, 438 U. S. 567, 577-578 (1978).
The views of the Court of Appeals can be read, we think, as requiring the employer to hire the minority or female applicant whenever that person’s objective qualifications were equal to those of a white male applicant. But Title VII does not obligate an employer to accord this preference. Rather, the employer has discretion to choose among equally qualified candidates, provided the decision is not based upon unlawful criteria. The fact that a court may think that th employer misjudged the qualifications of the applicants does not in itself expose him to Title VII liability, although this may be probative of whether the employer’s reasons are pretexts for discrimination. Loeb v. Textron, Inc., supra, at 1012, n. 6; see Lieberman v. Gant, 630 F. 2d 60, 65 (CA2 1980).
IV
In summary, the Court of Appeals erred by requiring the defendant to prove by a preponderance of the evidence the[*260] existence of nondiscriminatory reasons for terminating the respondent and that the person retained in her stead had superior objective qualifications for the position. [12] When the plaintiff has proved a prima facie case of discrimination, the defendant bears only the burden of explaining clearly the nondiscriminatory reasons for its actions. The judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Among the problems identified were overstaffing, lack of fiscal control, poor bookkeeping, lack of communication among PSC staff, and the lack of a full-time Project Director. Letter of March 20, 1973, from Charles Johnson to B. R. Fuller, reprinted in App. 38-40.
See id., at 39.
The Court of Appeals also vacated the District Court’s judgment that petitioner did not violate Title YII’s equal pay provision, 42 U. S. C. § 2000e-2 (h), but that decision is not challenged here.
See, e. g., Lieberman v. Gant, 630 F. 2d 60 (CA2 1980); Jackson v. U. S. Steel Corp., 624 F. 2d 436 (CA3 1980); Ambush v. Montgomery County Government, 22 FEP Cases 1101 (CA4 1980); Loeb v. Textron, Inc., 600 F. 2d 1003 (CA1 1979). But see Vaughn v. Westinghouse Elec. Corp., 620 F. 2d 655 (CA8 1980), cert. pending, No. 80-276.
We have recognized that the factual issues, and therefore the character of the evidence presented, differ when the plaintiff claims that a facially neutral employment policy has a discriminatory impact on protected classes. See McDonnell Douglas, 411 U. S., at 802, n. 14; Teamsters v. United States, 431 U. S. 324, 335-336, and n. 15 (1977).
In McDonnell Douglas, supra, we described an appropriate model for a prima facie case of racial discrimination. The plaintiff must show: .. “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant’s qualifications.” 411 U. S., at 802.
We added, however, that this standard is not inflexible, as “[t]he facts necessarily will vary in Title VII cases, and the specification above[*254] of the prima facie proof required from respondent is not necessarily applicable in every respect in differing factual situations.” Id., at 802, n. 13.
In the instant case, it is not seriously contested that respondent has proved a prima facie case. She showed that she was a qualified woman who sought an available position, but the position was left open for several months before she finally was rejected in favor of a male, Walz, who had been under her supervision.
The phrase "prima facie case” not only may denote the establishment of a legally mandatory, rebuttable presumption, but also may be used by courts to describe the plaintiff’s burden of producing enough evidence to permit the trier of fact to infer the fact at issue. 9 J. Wigmore, Evidence § 2494 (3d ed. 1940). McDonnell Douglas should have made it apparent that in the Title VII context we use “prima facie case” in the former sense.
This evidentiary relationship between the presumption created by a prima facie case and the consequential burden of production placed on the defendant is a traditional feature of the common law. “The word 'presumption’ properly used refers only to a device for allocating the production burden.” F. James & G. Hazard, Civil Procedure § 7.9, p. 255 (2d ed. 1977) (footnote omitted). See Fed. Rule Evid. 301. See generally 9 J. Wigmore, Evidence §2491 (3d ed. 1940). Cf. J. Maguire, Evidence, Common Sense and Common Law 185-186 (1947). Usually, assessing the burden of production helps the judge determine whether the litigants have created an issue of fact to be decided by the jury. In a Title VII case, the allocation of burdens and the creation of a presumption by the establishment of a prima facie ease is intended progressively to sharpen the inquiry into the elusive factual question of intentional discrimination.
An articulation not admitted into evidence will not suffice. Thus, the defendant cannot meet its burden merely through an answer to the complaint or by argument of counsel.
See generally J. Thayer, Preliminary Treatise on Evidence 346 (1898). In saying that the presumption drops from the case, we do not imply that the trier of fact no longer may consider evidence previously introduced by the plaintiff to establish a prima facie case. A satisfactory explanation by the defendant destroys the legally mandatory inference of discrimination arising from the plaintiff’s initial evidence. Nonetheless, this evidence and inferences properly drawn therefrom may be considered by the trier of fact on the issue of whether the defendant’s explanation is pretextual. Indeed, there may be some cases where the plaintiff’s initial evidence, combined with effective cross-examination of the defendant, will suffice to discredit the defendant’s explanation.
The court reviewed the defendant’s evidence and explained its deficiency:
“Defendant failed to introduce comparative factual data concerning Burdine and Walz. Fuller merely testified that he discharged and retained personnel in the spring shakeup at TDCA primarily on the recommendations of subordinates and that he considered Walz qualified for the position he was retained to do. Fuller failed to specify any objective criteria on which he based the decision to discharge Burdine and retain Walz. He stated only that the action was in the best interest of the program and that there had been some friction within the department that might be alleviated by Burdine’s discharge. Nothing in the record indicates whether he examined Walz’ ability to work well with others. This court in East found such unsubstantiated assertions of ‘qualification’ and ‘prior work record’ insufficient absent data that will allow a true comparison of the individuals hired and rejected.” 608 F. 2d, at 568.
Because the Court of Appeals applied the wrong legal standard to the evidence, we have no occasion to decide whether it erred in not reviewing the District Court’s finding of no intentional discrimination under the “clearly erroneous” standard of Federal Rule of Civil Procedure 52 (a). Addressing this issue in this case would be inappropriate because the District Court made no findings on the intermediate questions posed by McDonnell Douglas.