United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711 (1983). · Go Syfert
United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711 (1983). Cases Citing This Book View Copy Cite
9,580 citation events (3,080 in the last 25 years) across 174 distinct courts.
Strongest positive: Kavelman v. City of Lincoln (ilcd, 2025-07-14)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kavelman v. City of Lincoln
C.D. Ill. · 2025 · quote attribution · 1 verbatim quote · confidence high
there will seldom be 'eyewitness' testimony as to the employer's mental processes.
examined Cited as authority (verbatim quote) Cox v. Mignon Faget, LTD (2×) also: Cited as authority (quoted)
E.D. La. · 2025 · signal: see · quote attribution · 2 verbatim quotes · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
discussed Cited as authority (verbatim quote) Lawanna Tynes v. Florida Department of Juvenile Justice (2×) also: Cited as authority (rule)
11th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
one of this means that trial courts or reviewing courts should treat discrimination differently from other ultimate questions of fact.
discussed Cited as authority (verbatim quote) Shaina Kirkland v. City of Maryville, Tenn.
6th Cir. · 2022 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
discussed Cited as authority (verbatim quote) Noakes v. Department of Homeland Security
E.D. La. · 2022 · quote attribution · 1 verbatim quote · confidence high
a plaintiff may use either direct or circumstantial evidence to prove claims for discrimination and hostile work environment
discussed Cited as authority (verbatim quote) Noakes v. Department of Homeland Security
E.D. La. · 2022 · quote attribution · 1 verbatim quote · confidence high
a plaintiff may use either direct or circumstantial evidence to prove claims for discrimination and hostile work environment
discussed Cited as authority (verbatim quote) DeFrancesco v. Arizona Board of Regents
D. Ariz. · 2022 · quote attribution · 1 verbatim quote · confidence high
here will seldom be 'eyewitness' 13 testimony as to the employer's mental processes
discussed Cited as authority (verbatim quote) Jodi Breiterman v. United States Capitol Police (2×) also: Cited "see, e.g."
D.C. Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) Wojtkowski v. Ross
D. Maryland · 2021 · quote attribution · 1 verbatim quote · confidence high
whether a plaintiff uses the direct, indirect, or 'convincing mosaic' methods of proof, the fundamental question at the summary judgment stage is simply whether a reasonable jury could find prohibited discrimination.
discussed Cited as authority (verbatim quote) EGELKAMP v. ARCHDIOCESE OF PHILADELPHIA
E.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
he mcdonnell douglas prima facie test should not be viewed as a rigid formula.
discussed Cited as authority (verbatim quote) Naji v. Fluor Federal Services LLC (2×) also: Cited as authority (rule)
D.S.C. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
ourts should treat discrimination differently from other ultimate questions of fact.
discussed Cited as authority (verbatim quote) United Rentals North America, Inc. v. Pamela Evans, Individually and as Administrator for the Estate of Clark Brandon Davis, and Dominic Jones
Tex. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
there will seldom be 'eyewitness' testimony as to the employer's mental processes.
discussed Cited as authority (verbatim quote) Green v. Wilkie
D.S.C. · 2020 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
discussed Cited as authority (verbatim quote) Ephrem Eyob v. Mitsubishi Caterpillar, Inc.
5th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
the 'factual inquiry' in a title vii case is 'whether the defendant intentionally discriminated against the plaintiff.
examined Cited as authority (verbatim quote) Ephrem Eyob v. Mitsubishi Caterpillar, Inc.
5th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
the 'factual 3 case: 17-20536 document: 00514593245 page: 4 date filed: 08/09/2018 no. 17-20536 inquiry' in a title vii case is 'whether the defendant intentionally discriminated against the plaintiff.
examined Cited as authority (verbatim quote) G. Steven Cox v. Kansas City Chiefs Football Club, Inc. (3×) also: Cited as authority (quoted)
Mo. · 2015 · quote attribution · 3 verbatim quotes · confidence high
there will seldom be 'eyewitness' testimony as to the employer's mental processes
discussed Cited as authority (verbatim quote) G. Steven Cox v. Kansas City Chiefs Football Club, Inc.
Mo. · 2015 · quote attribution · 1 verbatim quote · confidence high
there will seldom be 'eyewitness' testimony as to the employer's mental processes
discussed Cited as authority (verbatim quote) Larry D. Williams v. City of Burns
Tenn. Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
there will seldom be 'eyewitness' testimony as to the employer's mental processes.
examined Cited as authority (verbatim quote) Crystal Gregory v. Dillard's (2×)
8th Cir. · 2009 · quote attribution · 2 verbatim quotes · confidence high
there will seldom be 'eyewitness' testimony as to the mental processes.
examined Cited as authority (verbatim quote) Terri Wallace v. DTG Operations (4×) also: Cited as authority (quoted)
8th Cir. · 2006 · quote attribution · 4 verbatim quotes · confidence high
there will seldom be 'eyewitness' testimony as to the employer's mental processes.
examined Cited as authority (verbatim quote) John D. Baucom v. Holiday Companies
8th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
the prima facie case method established in mcdonnell douglas was never intended to be rigid, mechanized, or ritualistic. rather, it is merely a sensible, orderly way to evaluate the evidence in light of common experience as it bears on the critical question of discrimination.
examined Cited as authority (verbatim quote) Olson, Charles P. v. Northern FS Inc (2×) also: Cited as authority (quoted)
7th Cir. · 2004 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the 'factual inquiry' in a title vii case is ' the defendant intentionally discriminated against the plaintiff.' . . . the prima facie case method established in mcdonnell douglas was 'never intended to be rigid, mecha- nized, or ritualistic.
discussed Cited as authority (verbatim quote) Schobert, Gerald v. IL Dept Trans
7th Cir. · 2002 · quote attribution · 1 verbatim quote · confidence high
lements that make up a 'prima facie case' are for the judge, not the jury
discussed Cited as authority (verbatim quote) Jesse Cardenas v. AT&T
8th Cir. · 2001 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) Barbara R. Sheridan v. E.I. Dupont De Nemours and Company, Jacques Amblard (5×) also: Cited as authority (rule), Cited "see, e.g."
3rd Cir. · 1996 · signal: see also · quote attribution · 1 verbatim quote · confidence high
it is true that it is very difficult to prove what the state of a man's mind at a particular time is, but if it can be ascertained it is as much a fact as anything else.
discussed Cited as authority (verbatim quote) Robert Kehoe v. Anheuser-Busch, Inc.
8th Cir. · 1996 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) Catherine A. MARZANO, Appellant, v. COMPUTER SCIENCE CORP. INC.; CSC Partners Inc. (5×) also: Cited "see"
3rd Cir. · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
all courts have recognized that the question facing triers of fact in discrimination cases is both sensitive and difficult_ there will seldom be 'eyewitness' testimony as to the employer's mental processes.
examined Cited as authority (verbatim quote) Marzano v. Computer Science (2×)
3rd Cir. · 1996 · signal: see · quote attribution · 2 verbatim quotes · confidence high
all courts have recognized that the question facing triers of fact in discrimination cases is both sensitive and difficult. . . . there will seldom be 'eyewitness testimony as to the employer's mental processes.
examined Cited as authority (verbatim quote) C. Thomas Ryther v. KARE 11 (3×) also: Cited as authority (rule)
8th Cir. · 1996 · quote attribution · 1 verbatim quote · confidence high
sensitive and difficult" issue of intentional discrimination will frequently be proven by circumstantial evidence of pretext, as "here will seldom be 'eyewitness' testimony as to the employer's mental processes
examined Cited as authority (verbatim quote) William J. Miller v. Cigna Corporation the Insurance Company of North America (10×) also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
3rd Cir. · 1995 · quote attribution · 6 verbatim quotes · confidence high
a plaintiff prevail when at the third stage of a title vii trial he demonstrates that the legitimate, nondiscriminatory reason given by the employer is in fact not the true reason for the employment decision
examined Cited as authority (verbatim quote) Miller v. Cigna (3×) also: Cited as authority (rule)
3rd Cir. · 1995 · quote attribution · 2 verbatim quotes · confidence high
a plaintiff prevail when at the third stage of a title vii trial he demonstrates that the legitimate, nondiscriminatory reason given by the employer is in fact not the true reason for the employment decision
discussed Cited as authority (verbatim quote) Ward v. Papa's Pizza to Go, Inc.
S.D. Ga. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
here will seldom be 'eyewitness' testimony as to the employer's mental processes
examined Cited as authority (verbatim quote) Mardell v. Harleysville Life Ins. Co. (3×) also: Cited "see, e.g."
3rd Cir. · 1994 · quote attribution · 1 verbatim quote · confidence high
the prohibitions against discrimination contained in the civil rights act of 1964 reflect an important national policy.
examined Cited as authority (verbatim quote) Fisher v. Vassar College (4×) also: Cited "see, e.g."
S.D.N.Y. · 1994 · quote attribution · 1 verbatim quote · confidence high
district court erroneously thought that respondent was required to submit direct evidence of discriminatory intent____
examined Cited as authority (verbatim quote) St. Mary's Honor Center v. Hicks (25×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
SCOTUS · 1993 · signal: see · quote attribution · 2 verbatim quotes · confidence high
there will seldom be 'eyewitness' testimony as to the employer's mental processes
examined Cited as authority (verbatim quote) Wachstein v. Slocum (3×) also: Cited as authority (quoted)
N.J. Super. Ct. App. Div. · 1993 · signal: see · quote attribution · 3 verbatim quotes · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
discussed Cited as authority (verbatim quote) 60 Fair empl.prac.cas. (Bna) 1147, 60 Empl. Prac. Dec. P 41,991, 36 Fed. R. Evid. Serv. 1293 Mary J. Sorensen v. City of Aurora, John Speed, in His Official and Individual Capacity, Mark Wildey, in His Official and Individual Capacity, Radford Moore, in His Official and Individual Capacity
10th Cir. · 1993 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant
discussed Cited as authority (verbatim quote) Sorensen v. City of Aurora
10th Cir. · 1993 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant
discussed Cited as authority (verbatim quote) Ortega v. Safeway Stores, Inc.
10th Cir. · 1991 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
discussed Cited as authority (verbatim quote) Ortega v. Safeway Stores, Inc.
10th Cir. · 1991 · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) Price Waterhouse v. Hopkins (12×) also: Cited as authority (rule)
SCOTUS · 1989 · signal: see · quote attribution · 2 verbatim quotes · confidence high
as in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence
examined Cited as authority (verbatim quote) Watson v. Fort Worth Bank & Trust (8×) also: Cited as authority (rule), Cited "see, e.g."
SCOTUS · 1988 · quote attribution · 2 verbatim quotes · confidence high
we have consistently distinguished disparate-treatment cases from cases involving facially neutral employment standards that have disparate impact on minority applicants
discussed Cited as authority (verbatim quote) Norman W. OLIVER, Plaintiff, Appellant, v. DIGITAL EQUIPMENT CORPORATION, Defendant, Appellee (2×) also: Cited "see, e.g."
1st Cir. · 1988 · signal: see also · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) Dockter v. Rudolf Wolff Futures, Inc. (5×) also: Cited "see"
N.D. Ill. · 1988 · signal: see · quote attribution · 1 verbatim quote · confidence high
the prima facie case method ... is merely a sensible, orderly way to evaluate the evidence in light of common experience as it bears on the critical question of discrimination.
examined Cited as authority (verbatim quote) Rosie M. Daniels v. Board Of Education Of The Ravenna City School District (3×) also: Cited "see, e.g."
6th Cir. · 1987 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) Daniels v. Board of Education of the Ravenna City School District (3×) also: Cited "see, e.g."
6th Cir. · 1986 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) McCluney v. Jos. Schlitz Brewing Co. (4×) also: Cited "see"
7th Cir. · 1984 · signal: see · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
examined Cited as authority (verbatim quote) 34 Fair empl.prac.cas. 273, 33 Empl. Prac. Dec. P 34,186, 15 Fed. R. Evid. Serv. 205 Forrest F. McCluney Cross-Appellee v. Jos. Schlitz Brewing Co., Cross-Appellant (3×) also: Cited "see"
7th Cir. · 1984 · signal: see · quote attribution · 1 verbatim quote · confidence high
where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant.
discussed Cited as authority (quoted) MATHEWS v. WALMART INC
M.D. Ga. · 2024 · quote attribution · 1 verbatim quote · confidence low
the prima facie showing entitles the to a rebuttable presumption of intentional discrimination.
discussed Cited as authority (quoted) Sanders-Hollis v. State of CA, Health and Human Services Agency, Dept. of Social Services
E.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence low
there will 2 seldom be 'eyewitness' testimony as to the employer's mental processes.
Retrieving the full opinion text from the archive…
United States Postal Service Board of Governors
v.
Aikens
Deputy Solicitor General Wallace argued the cause for petitioner. With him on the brief were Solicitor General Lee, Assistant Attorney General McGrath, and Marleigh D. Dover., Jack Greenberg argued the cause for respondent. With him on the brief were L. Harold Aikens, Jr., James M. NabritHI, Charles Stephen Ralston, Clyde E. Murphy, Gail J. Wright, and Barry L. Goldstein.*
Rehnquist, Burger, Brennan, White, Blackmun, Powell, Stevens, O'Connor, Marshall.
Cited by 2,646 opinions  |  Published
39 passages pin-cited by 66 cases
Pinpoint authority: #348 of 633,719
Citer courts: Eighth Circuit (29) · Seventh Circuit (18) · W.D. New York (16) · D.C. Circuit (15) · District of Columbia (12) · Sixth Circuit (9) · N.D. Alabama (6)

Lead Opinion

Justice Rehnquist

delivered the opinion of the Court.

Respondent Louis Aikens filed suit under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. §2000e et seq., claiming that the United States Postal Service discriminated against him on account of his race. Aikens, who is black, claimed that the Postal Service had discriminatorily refused to promote him to higher positions in the Washington, D. C., Post Office where he had[*713] been employed since 1937. After a bench trial, the District Court entered judgment in favor of the Postal Service, but the Court of Appeals reversed. 206 U. S. App. D. C. 109, 642 F. 2d 514 (1980). We vacated the Court of Appeals’ judgment and remanded for reconsideration in light of Texas Department of Community Affairs v. Burdine, 450 U. S. 248 (1981). 453 U. S. 902 (1981).

On remand, the Court of Appeals reaffirmed its earlier holding that the District Court had erred in requiring Aikens to offer direct proof of discriminatory intent. It also held that the District Court erred in requiring Aikens to show, as part of his prima facie case, that he was “as qualified or more qualified” than the people who were promoted. 214 U. S. App. D. C. 239, 240, 241, 665 F. 2d 1057, 1058, 1059 (1981) (per curiam). We granted certiorari.[1] 455 U. S. 1015 (1982).

The Postal Service argues that an employee who has shown only that he was black, that he applied for a promotion for which he possessed the minimum qualifications, and that the employer selected a nonminority applicant has not established a “prima facie” case of employment discrimination under Title VII. Aikens argues that he submitted sufficient evidence that the Postal Service discriminated against him to warrant a finding of a prima facie case.[2] Because this case[*714] was fully tried on the merits, it is surprising to find the parties and the Court of Appeals still addressing the question whether Aikens made out a prima facie case. We think that by framing the issue in these terms, they have unnecessarily evaded the ultimate question of discrimination vel non.3

By establishing a prima facie case, the plaintiff in a Title VII action creates a rebuttable “presumption that the employer unlawfully discriminated against” him. Texas Department of Community Affairs v. Burdine, supra, at 254. See McDonnell Douglas Corp. v. Green, 411 U. S. 792 (1973). To rebut this presumption, “the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.” Burdine, 450 U. S., at 255. In other words, the defendant must “product] evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason.” Id., at 254.

But when the defendant fails to persuade the district court to dismiss the action for lack of a prima facie case,[4] and re[*715] sponds to the plaintiff’s proof by offering evidence of the reason for the plaintiff’s rejection, the factfinder must then decide whether the rejection was discriminatory within the meaning of Title VII. At this stage, the McDonnell-Bur-dine presumption “drops from the case,” 450 U. S., at 255, n. 10, and “the factual inquiry proceeds to a new level of specificity.” Id., at 255. After Aikens presented his evidence to the District Court in this case, the Postal Service’s witnesses testified that he was not promoted because he had turned down several lateral transfers that would have broadened his Postal Service experience. See Tr. 311-313, 318-320, 325; App. to Pet. for Cert. 53a. The District Court was then in a position to decide the ultimate factual issue in the case.

The “factual inquiry” in a Title VII case is “[whether] the defendant intentionally discriminated against the plaintiff.” Burdine, supra, at 253. In other words, is “the employer . . . treating ‘some people less favorably than others because of their race, color, religion, sex, or national origin.’” Furnco Construction Corp. v. Waters, 438 U. S. 567, 577 (1978), quoting Teamsters v. United States, 431 U. S. 324, 335, n. 15 (1977). The prima facie case method established in McDonnell Douglas was “never intended to be rigid, mechanized, or ritualistic. Rather, it is merely a sensible, orderly way to evaluate the evidence in light of common experience as it bears on the critical question of discrimination.” Furnco, supra, at 577. Where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant. The district court has before it all the evidence it needs to decide whether “the defendant intentionally discriminated against the plaintiff.” Burdine, supra, at 253.

On the state of the record at the close of the evidence, the District Court in this case should have proceeded to this specific question directly, just as district courts decide disputed[*716] questions of fact in other civil litigation.[5] As we stated in Burdine:

“The plaintiff retains the burden of persuasion. . . . [H]e 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.” 450 U. S., at 256.

In short, the district court must decide which party’s explanation of the employer’s motivation it believes.

All courts have recognized that the question facing triers of fact in discrimination cases is both sensitive and difficult. The prohibitions against discrimination contained in the Civil Rights Act of 1964 reflect an important national policy. There will seldom be “eyewitness” testimony as to the employer’s mental processes. But none of this means that trial courts or reviewing courts should treat discrimination differently from other ultimate questions of fact. Nor should they make their inquiry even more difficult by applying legal rules which were devised to govern “the basic allocation of burdens and order of presentation of proof,” Burdine, 450 U. S., at 252, in deciding this ultimate question. The law often obliges finders of fact to inquire into a person’s state of mind. As Lord Justice Bowen said in treating this problem in an action for misrepresentation nearly a century ago:

“The state of a man’s mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man’s mind at a particular time is, but if it can be ascertained it is as much a fact as[*717] anything else.” Edgington v. Fitzmaurice, 29 Ch. Div. 459, 483 (1885).

The District Court erroneously thought that respondent was required to submit direct evidence of discriminatory intent, see n. 3, supra, and erroneously focused on the question of prima facie case rather than directly on the question of discrimination. Thus we cannot be certain that its findings of fact in favor of the Postal Service were not influenced by its mistaken view of the law. We accordingly vacate the judgment of the Court of Appeals, and remand the case to the District Court so that it may decide on the basis of the evidence before it whether the Postal Service discriminated against Aikens.

It is so ordered.

Justice Marshall concurs in the judgment.

1

We have consistently distinguished disparate-treatment cases from cases involving facially neutral employment standards that have disparate impact on minority applicants. See, e. g., Texas Department of Community Affairs v. Burdine, 450 U. S. 248, 252, n. 5 (1981); McDonnell Douglas Corp. v. Green, 411 U. S. 792, 802, n. 14 (1973).

2

Aikens showed that white persons were consistently promoted and detailed over him and all other black persons between 1966 and 1974. Aikens has been rated as “ ‘an outstanding supervisor whose management abilities were far above average.’ ” App. 8. There was no derogatory or negative information in his personnel folder. He had more supervisory seniority and training and development courses than all but one of the white persons who were promoted above him. He has a master’s degree and has completed three years of residence towards a Ph. D. Aikens had substan[*714] tially more education than the white employees who were advanced ahead of him; of the 12, only 2 had any education beyond high school and none had a college degree. He introduced testimony that the person responsible for the promotion decisions at issue had made numerous derogatory comments about blacks in general and Aikens in particular. If the District Court were to find, on the basis of this evidence, that the Postal Service did discriminate against Aikens, we do not believe that this would be reversible error.

3

As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence. The trier of fact should consider all the evidence, giving it whatever weight and credence it deserves. Thus, we agree with the Court of Appeals that the District Court should not have required Aikens to submit direct evidence of discriminatory intent. See Teamsters v. United States, 431 U. S. 324, 358, n. 44 (1977) (“[T]he McDonnell Douglas formula does not require direct proof of discrimination”).

4

It appears that at one point in the trial the District Court decided that Aikens had made out a prima facie case. When Aikens concluded his case in chief, the Postal Service moved to dismiss on the ground that there was no prima facie case. Tr. 256. The District Court denied this motion. Id., at 259. See App. to Pet. for Cert. 47a.

5

Of course, the plaintiff must have an adequate “opportunity to demonstrate that the proffered reason was not the true reason for the employment decision,” but rather a pretext. Burdine, 460 U. S., at 256. There is no suggestion in this case that Aikens did not have such an opportunity.

Concurrence

Justice Blackmun,

with whom Justice Brennan joins, concurring.

I join the Court’s opinion. I write to stress the fact, however, that, as I read its opinion, the Court today reaffirms the framework established by McDonnell Douglas Corp. v. Green, 411 U. S. 792 (1973), for Title VII cases. Under that framework, once a Title VII plaintiff has made out a prima facie case and the defendant-employer has articulated a legitimate, nondiscriminatory reason for the employment decision, the plaintiff bears the burden of demonstrating that the reason is pretextual, that is, it is “not the true reason for the employment decision.” Texas Dept. of Community Affairs v. Burdine, 450 U. S. 248, 256 (1981). As the Court’s opinion today implies, ante, at 714-715, this burden “merges with the ultimate burden of persuading the court that [the plaintiff] has been the victim of intentional discrimination.” 450 U. S., at 256.

This ultimate burden may be met in one of two ways. First, as the Court notes, a plaintiff may persuade the court[*718] that the employment decision more likely than not was motivated by a discriminatory reason. Ante, at 714, 716, and 717. In addition, however, this burden is also carried if the plaintiff shows “that the employer’s proffered explanation is unworthy of credence.” Burdine, 450 U. S., at 256, citing McDonnell Douglas, 411 U. S., at 804-805. While the Court is correct that the ultimate determination of factual liability in discrimination cases should be no different from that in other types of civil suits, ante, at 716, the McDonnell Douglas framework requires that a plaintiff prevail when at the third stage of a Title VII trial he demonstrates that the legitimate, nondiscriminatory reason given by the employer is in fact not the true reason for the employment decision.