Intentional discrimination may be proven through circumstantial evidence of pretext because direct evidence of an employer's mental processes is rarely available.
A black employee sued the United States Postal Service under Title VII, alleging racial discrimination regarding promotion decisions. After the employer provided a legitimate, nondiscriminatory reason for the rejection, the district court erroneously focused on whether the plaintiff had established a prima facie case and required direct evidence of discriminatory intent. The Supreme Court holds that once a defendant offers evidence of a legitimate reason for an employment decision, the factual inquiry proceeds to the ultimate question of whether the defendant intentionally discriminated against the plaintiff. The court must decide which party's explanation of the employer's motivation it believes.
At page 715 Determining intentional discrimination after prima facie case352 citing cases“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.”
- Cox v. Mignon Faget, LTD, No. 2:24-cv-01068 (E.D. La. July 1, 2025). (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.)
- Lawanna Tynes v. Florida Dep't of Juv. Just., 88 F.4th 939 (11th Cir. 2023).published Bd. of Governors v. Aikens, 460 U.S. 711, 716 (1983) (“[N]one of this means that trial courts or reviewing courts should treat discrimination differently from other ultimate questions of fact.”).
- Rafiqul A. Bhuiyan v. PNC Bank, No. 19-14265 (11th Cir. Mar. 31, 2023).unpublished(Where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case, whether USCA11 Case: 19-14265 Document: 46-1 Date Filed: 03/31/2023 Page: 14 of 17 the pl…)
- Shaina Kirkland v. City of Maryville, Tenn., 54 F.4th 901 (6th Cir. 2022).published(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.)
- Jodi Breiterman v. United States Capitol Police, 15 F.4th 1166 (D.C. Cir. 2021).published (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.)
- Univ. of Texas at Dallas v. Richard J. Addante, 651 S.W.3d 271 (Tex. App.—Dallas 2021).published(Where the defendant has done McDonnell Douglas framework, the burden-shifting scheme in toto defines the jurisdictional facts. Alamo Heights, 544 S.W.3d at 783 . 16 “The causation standard for the McDonnell Douglas pri…)
- Egelkamp v. Archdiocese of Philadelphia, No. 2:19-cv-03734 (E.D. Pa. May 18, 2021).([T]he McDonnell Douglas prima facie test should not be viewed as a rigid formula.)
- Naji v. Fluor Fed. Servs. LLC, No. 6:19-cv-01774 (D.S.C. May 3, 2021). Off. of the Cts., 780 F.3d 562, 569 (4th Cir. 2015) (“The court . . . cannot weigh the evidence or make credibility determinations.”) (citations omitted); see also Aikens, 460 U.S. at 716 (“[C]ourts should [not] treat discrimination differ…
- Green v. Wilkie, No. 2:18-cv-00788 (D.S.C. May 11, 2020).(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.)
- Ephrem Eyob v. Mitsubishi Caterpillar, Inc., No. 17-20536 (5th Cir. Aug. 10, 2018).unpublished (The ‘factual inquiry’ in a Title VII case is ‘whether the defendant intentionally discriminated against the plaintiff.’)
Show 189 more citing cases
- Horne v. Internat. Union Painters, No. A135470 (Cal. Ct. App. Dec. 3, 2013).published(The prima facie case method established in McDonnell Douglas was ‘never intended to be rigid, mechanized, or ritualistic’)
- John D. Baucom v. Holiday Companies, No. 05-1393 (8th Cir. Nov. 10, 2005).published(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 experien…)
- Olson, Charles P. v. N. FS Inc, No. 04-1102 (7th Cir. Oct. 22, 2004).published “The ‘factual inquiry’ in a Title VII case is ‘[whether] the defendant intentionally discriminated against the plaintiff.’ . . . The prima facie case method established in McDonnell Douglas was ‘never intended to be rig…”
- Gerald Schobert v. Illinois Dep't of Transp., 304 F.3d 725 (7th Cir. 2002).published([E]lements that make up a ‘prima facie case’ are for the judge, not the jury)
- Jesse Cardenas v. At&t, Corp. Lucent Tech., 245 F.3d 994 (8th Cir. 2001).published“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.”
- Robert Kehoe v. Anheuser-Busch, Inc., No. 95-3729 (8th Cir. Sept. 25, 1996).published(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.)
- Marzano v. Comput. Sci., No. 95-5629 (3d Cir. July 31, 1996). (The 'factual inquiry' . . . is '[whether] the defendant intentionally discriminated against the plaintiff.')
- Wachstein v. Slocum, 625 A.2d 527 (N.J. Super. Ct. App. Div. 1993).published (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.)
- Hague v. Univ. of Texas Health Sci. Ctr., 560 F. App'x 328 (5th Cir. 2014).unpublished
- Kovacevich v. Kent State Univ, No. 98-3678 (6th Cir. Aug. 25, 2000).published
- Madden v. Chattanooga City Wide Serv. Dep't, 549 F.3d 666 (6th Cir. 2008).published
- Dorothy Kovacevich v. Kent State Univ., 224 F.3d 806 (6th Cir. 2000).published
- Clifford Litton v. Talawanda Sch. Dist., 485 F. App'x 804 (6th Cir. 2012).unpublished
- Gary M. Gossett v. Tractor Supply Co., 320 S.W.3d 777 (Tenn. 2010).published
- Nawrot, Ralph v. CPC Int'l, No. 00-2849, 2002 WL 27528 (7th Cir. Jan. 11, 2002).published
- Baker v. Nat'l State Bank, 711 A.2d 917 (N.J. Super. Ct. App. Div. 1998).published
- Ames v. Ohio Dep't of Youth Servs., 605 U.S. 303 (2025).published
- Reeves v. Sanderson Plmbg Prod, No. 98-60334 (5th Cir. Dec. 2, 1999).published
- Vadie v. Mississippi State Univ., 218 F.3d 365 (5th Cir. 2000).published
- Farley v. Nationwide Mut. Ins., 197 F.3d 1322 (11th Cir. 1999).published
- Viola Williams Underwood v. Perry Cnty. Comm., 452 F.3d 1258 (11th Cir. 2006).published
- Jeanne Roberts v. State of Oklahoma, 110 F.3d 74 (10th Cir. 1997).published
- Mobley v. Dillon Companies, Inc., 153 F.3d 727 (10th Cir. 1998).published
- Jones v. Oklahoma Emp. Sec. Com'n, 162 F.3d 1173 (10th Cir. 1998).published
- Anaeme v. Diagnostek, Inc., 164 F.3d 1275 (10th Cir. 1999).published
- Shorter v. ICG Holdings, Inc., 188 F.3d 1204 (10th Cir. 1999).published
- Barbour, Joyce A. v. Browner, Carol M., 181 F.3d 1342 (D.C. Cir. 1999).published
- Michael J. Duffy v. Al Packer Ford, Inc., 108 F.3d 1371 (4th Cir. 1997).unpublished
- Leigh Cline v. Catholic Diocese of Toledo Catholic Diocesan Sch. of Toledo St. Paul Elementary Sch. Herbert J. Willman, 206 F.3d 651 (6th Cir. 2000).published
- Duffy v. Al Packer Ford, Inc., No. 96-1723 (4th Cir. Mar. 11, 1997).unpublished
- Equal Emp. Opportunity Comm'n v. Abercrombie & Fitch Stores, Inc., 731 F.3d 1106 (10th Cir. 2013).published
- Patti Zakour v. Ut Med. Grp., Inc., No. W2003-01193-SC-R11-CV (Tenn. Jan. 22, 2007).published
- Moore v. State of Ala., 989 F. Supp. 1412 (M.D. Ala. 1997).published
- Black v. Tomlinson, 425 F. Supp. 2d 101 (D.D.C. 2006).published
- McGrath v. Rice, No. 2005-2011 (D.D.C. Dec. 11, 2009).published
- Chisholm v. Wicks, No. 2006-2174 (D.D.C. Oct. 29, 2009).published
- Atanus v. Leavitt, No. 2006-1078 (D.D.C. Sept. 10, 2009).published
- Williams v. Veneman, No. 2003-2245 (D.D.C. June 1, 2009).published
- Pollard v. Quest Diagnostics, No. 2007-0692 (D.D.C. Feb. 17, 2009).published
- Hawkins v. Gonzales, No. 2007-0010 (D.D.C. Feb. 8, 2009).published
- Felder v. Johanns, No. 2006-0910 (D.D.C. Jan. 27, 2009).published
- Smith v. Ohio Dept. of Pub. Saf., 2013-Ohio-4210.published
- City of Austin Police Dep't v. Brown, No. 03-99-00878-CV (Tex. App.—Austin Dec. 19, 2002).published
- Dockins v. Benchmark Commc'ns, No. 98-1285 (4th Cir. Mar. 29, 1999).published
- Evans v. Smith, No. 99-22 (4th Cir. July 17, 2000).published
- Freeman v. Potter, 200 F. App'x 439 (6th Cir. 2006).unpublished
- Edward C. Smith v. Borough of Wilkinsburg, 147 F.3d 272 (3d Cir. 1998).published
- Iadimarco v. Runyon, No. 98-5150 (3d Cir. Sept. 8, 1999).
- David Dammen v. Unimed Med. Ctr., 236 F.3d 978 (8th Cir. 2001).published
- Marra v. Philadelphia Hous. Auth., 497 F.3d 286 (3d Cir. 2007).published
- Carla Rodgers v. U.S. Bank, No. 04-3000 (8th Cir. Aug. 5, 2005).published
- Willie Johnson v. Ready Mixed Concrete Co., 424 F.3d 806 (8th Cir. 2005).published
- Stephen Jones v. United Parcel, No. 05-2202 (8th Cir. Aug. 22, 2006).published
- Billeigh H. Riser, Jr. v. Target Corp., 458 F.3d 817 (8th Cir. 2006).published
- Hervey v. Cnty. of Koochiching, 527 F.3d 711 (8th Cir. 2008).published
- Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir. 2007).published
- Colbert v. Tapella, 649 F.3d 756 (D.C. Cir. 2011).published
- Lalvani v. Illinois Human Rights Comm'n, No. 1-99-3283 Rel (Ill. App. Ct. 1st Dist. July 30, 2001).published
- David Jones v. City of Union City, No. W2013-02358-COA-R3-CV, 2015 WL 9257815 (Tenn. Ct. App. Dec. 17, 2015).published
- Pla v. Cleveland State Univ., 2016-Ohio-3150.published
- Walsh v. New York City Hous. Auth., 828 F.3d 70 (2d Cir. 2016).published
- Hammel v. Marsh USA Inc., No. 2014-0943 (D.D.C. Sept. 6, 2016).published
- Pla v. Cleveland State Univ., 2016-Ohio-8165.published
- Eschborn v. Ohio Dept. of Transp., 2017-Ohio-824.published
- Diaz v. Washington Metro. Area Transit Auth., 243 F. Supp. 3d 86 (D.D.C. 2017).published
- Kangethe v. Dist. of Columbia Gov't, No. 2015-2185 (D.D.C. Nov. 20, 2017).published
- Garcia v. Hatch Valley Pub. Schs., 2018-NMSC-020.published
- Glasgow v. Dep't of Def., No. 2018-0136 (D.D.C. Nov. 9, 2018).published
- Michael Nall v. BNSF Ry. Co., 912 F.3d 263 (5th Cir. 2018).published
- Michael Nall v. BNSF Ry. Co., 917 F.3d 335 (5th Cir. 2019).published
- Richard Figueroa v. Michael Pompeo, 923 F.3d 1078 (D.C. Cir. 2019).published
- Williams v. Smithsonian Inst., No. 2014-1900 (D.D.C. Aug. 16, 2019).published
- Ham v. Dist. of Columbia, No. 2016-1720 (D.D.C. Jan. 9, 2020).published
- Arlene Fry v. Rand Constr. Corp., 964 F.3d 239 (4th Cir. 2020).published
- Ingram v. Dist. of Columbia Child & Fam. Servs. Agency, No. 2018-1598, 2021 WL 3268379 (D.D.C. July 30, 2021).published
- Bradshaw v. Johanns, No. 2004-1422 (D.D.C. Sept. 2, 2021).published
- Jun Yu v. Idaho State Univ., 15 F.4th 1236 (9th Cir. 2021).published
- Bennett v. State, 259 A.3d 264 (Md. Ct. Spec. App. 2021).published
- People v. Bridgeforth, 69 N.E.3d 611 (N.Y. 2016).published
- Bennett v. Health Mgmt. Sys., Inc., 92 A.D.3d 29 (N.Y. App. Div. 1st Dep't 2011).published
- McIntosh v. Dep't of Educ. of the City of N.Y., 165 N.Y.S.3d 31 (N.Y. App. Div. 1st Dep't 2022).published
- McIlmail v. Pennsylvania, 381 F. Supp. 3d 393 (E.D. Pa. 2019).published
- Mogull v. CB Com. Real Est. Grp., Inc., 724 A.2d 863 (N.J. Super. Ct. App. Div. 1999).published
- Thompson v. Hicaps Inc., No. 2020-3077 (D.D.C. Sept. 19, 2022).published
- Cong. v. McWilliams, No. 2019-1453 (D.D.C. Dec. 1, 2022).published
- Marguerite Pridgen v. Off. of Mgmt. & Budget, 2022 MSPB 31 (MSPB 2022).published
- State v. Wright, 552 P.3d 633 (Idaho Ct. App. 2023).published
- State v. Buck, No. 49110 (Idaho Ct. App. Sept. 20, 2023).published
- Steve Arndt v. L. Perrigo Co., No. 23-1734 (6th Cir. Apr. 17, 2024).unpublished
- Hsieh v. Formosan Ass'n for Pub. Affairs, 316 A.3d 448 (D.C. 2024).published
- Turnage v. United States Dep't of the Army, No. 5:18-cv-02127 (N.D. Ala. Apr. 1, 2022).
- Rumph v. Wexford Health Sources, Inc. (CONSENT), No. 2:23-cv-00006 (M.D. Ala. June 12, 2024).
- Poe v. Ndoh, No. 4:18-cv-02850 (N.D. Cal. Sept. 30, 2020).
- Kelee Williams v. Robert Half Int'l, Inc., No. 4:20-cv-03989 (N.D. Cal. Sept. 27, 2023).
- Calhoun v. Jefferson Hills Corp., No. 1:20-cv-03544 (D. Colo. June 22, 2022).
- Paris v. United Parcel Serv., Inc., No. 3:21-cv-00711 (D. Conn. Sept. 25, 2023).
- Demps v. Hillsborough Cnty. Clerk of the Circuit Court, No. 8:18-cv-02672 (M.D. Fla. July 13, 2020).
- Garrett v. R.E. Michel Co., No. 8:20-cv-01391 (M.D. Fla. Nov. 24, 2021).
- B.Y.R.D. v. Gwinnett Cnty. Sch. Dist., 728 F. Supp. 3d 1257 (N.D. Ga. 2024).published
- EEOC v. M&T Bank, No. 1:16-cv-03180 (D. Md. Sept. 10, 2019).
- EEOC v. M&T Bank, No. 1:16-cv-03180 (D. Md. Oct. 2, 2019).
- EEOC v. M&T Bank, No. 1:16-cv-03180 (D. Md. Dec. 19, 2019).
- Jennings v. Frostburg State Univ., 679 F. Supp. 3d 240 (D. Md. 2023).published
- Alley v. Foley Equip. Co., No. 2:20-cv-04054 (W.D. Mo. Dec. 20, 2021).
- Kidd v. Mississippi Dep't of Human Servs., No. 3:21-cv-00234 (S.D. Miss. Dec. 9, 2022).
- Claud v. Brown Harris Stevens Residential Sales, LLC, 676 F. Supp. 3d 100 (E.D.N.Y. 2023).published
- Terpstra v. Shoprite Supermarket, Inc., No. 7:17-cv-06840, 2019 WL 3338267 (S.D.N.Y. July 25, 2019).
- Erazo-Vazquez v. State Indus. Prods. Corp., No. 3:16-cv-02709 (D.P.R. Aug. 31, 2021).
- Jones v. McDonough, No. 3:19-cv-00310 (M.D. Tenn. Mar. 15, 2021).
- Lacey v. Dep't of Vets. Affairs, No. 2:21-cv-02801 (W.D. Tenn. Jan. 22, 2024).
- Jennings v. Frostburg State Univ., No. 1:21-cv-00656 (D. Md. June 27, 2023).
- Luo v. AIK Renovation Inc., No. 1:23-cv-05878 (S.D.N.Y. Oct. 8, 2024).
- Majors, Jr. v. Gen. Dynamics Land Sys., Inc., No. 3:23-cv-02184 (N.D. Ohio July 11, 2024).
- Majors, Jr. v. Gen. Dynamics Land Sys., Inc., No. 3:23-cv-02184 (N.D. Ohio July 10, 2024).
- Lindsley v. TRT Holdings, Inc., No. 3:17-cv-02942 (N.D. Tex. Oct. 24, 2023).
- Holbert v. Thompson Indus. Serv. LLC, No. 2:24-cv-00068 (S.D. Tex. Aug. 27, 2024).
- Culton v. Unifi Aviation, LLC, No. 2:22-cv-12102 (E.D. Mich. Jan. 24, 2025).
- Hittle v. City of Stockton, No. 24-427 (U.S. Mar. 10, 2025).
- Magassouba v. Prince George's Cnty., 773 F. Supp. 3d 196 (D. Md. 2025).published
- John-Baptiste v. HSBC, USA, N.A., No. 1:19-cv-03164 (E.D.N.Y. Apr. 29, 2025).
- Leah Hollis v. Morgan State Univ., 153 F.4th 369 (4th Cir. 2025).published
- Smith v. Nat'l R.R. Passenger Corp., No. 2022-0322 (D.D.C. Sept. 23, 2025).published
- Christensen v. Labor Comm'n, 2025 UT 55.published
- Nwerem, No. 3:25-cv-00331 (D. Or. Dec. 3, 2025).
- Dunn v. McDonough, No. 2021-2845 (D.D.C. Jan. 6, 2026).published
- United States v. Centeno, No. 23-3282 (9th Cir. Feb. 5, 2026).unpublished
- Mercado, No. 4:25-cv-04696 (S.D. Tex. Feb. 20, 2026).
- Nganga-Kongo, No. 1:24-cv-03449 (D. Md. Apr. 1, 2026).
- Maccagnan v. Cherry Creek Sch. Dist. No. 5, No. 25-1335 (10th Cir. July 17, 2026).published
- Liedtke v. City of Austin, No. 25-50717 (5th Cir. Aug. 3, 2026).published
- G.B. v. Wood Cnty. Bd. of Educ., No. 2:24-cv-00220 (S.D. W. Va. Sept. 16, 2026).
- Dinwiddie, No. 1:24-cv-05921 (N.D. Ga. Sept. 28, 2026).
- Harris v. Shelby Cnty. Bd. of Educ., 99 F.3d 1078 (11th Cir. 1996).published
- William Collado v. United Parcel Serv. Co., 419 F.3d 1143 (11th Cir. 2005).published
- McGill, Thu v. Munoz, George, 203 F.3d 843 (D.C. Cir. 2000).published
- Dunaway v. Int'l Bhd. of Teamsters, 310 F.3d 758 (D.C. Cir. 2002).published
- Czekalski, Loni v. Peters, Mary, 475 F.3d 360 (D.C. Cir. 2007).published
- Carl Manora v. Patrick R. Donahoe, 439 F. App'x 352 (5th Cir. 2011).unpublished
- Lawrence D. Mungin v. Katten Muchin & Zavis, 116 F.3d 1549 (D.C. Cir. 1997).published
- Robert J. Van Koten v. Fam. Health Mgmt., Inc., 134 F.3d 375 (7th Cir. 1998).unpublished
- 78 Fair empl.prac.cas. (Bna) 832 v. Old Town Trolley Tours of Washington, D.C., Inc., & Historic Tours of Am., 160 F.3d 177 (4th Cir. 1998).published
- Fairbrother v. Morrison, 412 F.3d 39 (2d Cir. 2005).published
- United States v. Osbaldo Esparza-Gonzalez, 422 F.3d 897 (9th Cir. 2005).published
- Filter Specialists, Inc. v. Brooks, 906 N.E.2d 835 (Ind. 2009).published
- Dunlap v. Tennessee Valley Auth., 519 F.3d 626 (6th Cir. 2008).published
- Zakour v. UT Med. Grp., Inc., 215 S.W.3d 763 (Tenn. 2007).published
- Isse v. Am. Univ., 540 F. Supp. 2d 9 (D.D.C. 2008).published
- Eastridge v. Rhode Island Coll., 996 F. Supp. 161 (D.R.I. 1998).published
- Lalvani v. Illinois Human Rights Com'n, 755 N.E.2d 51 (Ill. App. Ct. 1st Dist. 2001).published
- Smith v. Jackson, 539 F. Supp. 2d 116 (D.D.C. 2008).published
- Wada v. Tomlinson, 517 F. Supp. 2d 148 (D.D.C. 2007).published
- Elhusseini v. Compass Grp. USA, Inc., 578 F. Supp. 2d 6 (D.D.C. 2008).published
- Torres Rosado v. United States, 184 F. Supp. 2d 142 (D.P.R. 2002).published
- Rankins v. Carey, 141 F. Supp. 2d 1231 (C.D. Cal. 2001).published
- Lawson v. CSX Transp., Inc., 101 F. Supp. 2d 1089 (S.D. Ind. 1999).published
- Bovee v. State High. & Transp. Dep't, 2003-NMCA-025, 65 P.3d 254.published
- Young v. Covington & Burling, LLP, 846 F. Supp. 2d 141 (D.D.C. 2012).published
- Aleman-Martinez v. Puerto Rico Fed. Affairs Admin., 813 F. Supp. 2d 84 (D.D.C. 2011).published
- Lt. LeRoy Hilde v. City of Eveleth, 777 F.3d 998 (8th Cir. 2015).published
- Lockheed Martin Corp. v. Balderrama, 134 A.3d 398 (Md. Ct. Spec. App. 2016).published
- Flippo v. Am. Power Source, Inc., 20 F. Supp. 3d 1299 (N.D. Ala. 2014).published
- Oliphant v. Caldwell, 212 F. Supp. 3d 480 (S.D.N.Y. 2016).published
- State v. Buck, 577 P.3d 96 (Idaho 2025).published
- Abajian-Salon v. San Antonio, No. 25-50010 (5th Cir. Feb. 5, 2026).unpublished
- Hall, Marvin W. v. Giant Food Inc, 175 F.3d 1074 (D.C. Cir. 1999).published“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.”
- Shandrew v. Quest Diagnostics Inc., 819 F. Supp. 2d 181 (W.D.N.C. 2011).published“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.”
- Coons v. Walsh Constr. Co., 836 F. Supp. 2d 690 (N.D. Ill. 2011).published“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.”
- John D. Baucom, Jr. v. Holiday Companies Holiday Stationstores, Inc., 428 F.3d 764 (8th Cir. 2005).published“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 experien…”
- Ranowsky v. Nat'l R.R. Passenger Corp., 244 F. Supp. 3d 138 (D.D.C. 2017).published“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.”
- Vanstory-Frazier v. CHHS Hosp. Co., 827 F. Supp. 2d 461 (E.D. Pa. 2011).published“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.”
- Roy v. NELSON, Appellant, v. GREEN FORD, INC., Appellee, 788 F.2d 205 (4th Cir. 1986).published“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.”
- Ghent v. Moore, 519 F. Supp. 2d 328 (W.D.N.Y. 2007).published“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”
- Murphy v. Bd. of Educ. of the Rochester City Sch. Dist., 273 F. Supp. 2d 292 (W.D.N.Y. 2003).published“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”
- Heinemann v. Howe & Rusling, 529 F. Supp. 2d 396 (W.D.N.Y. 2008).published“Where the defendant has done everything that would be required of him if the plaintiff *407 had properly made out a prima facie case, whether the plaintiff really did so is no longer relevant”
- Nicholas a. Chiaramonte v. Fashion Bed Grp., Inc., 129 F.3d 391 (7th Cir. 1997).published“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.”
- James R. Fairchild v. Forma Sci., Inc., 147 F.3d 567 (7th Cir. 1998).published“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.”
- Sheldon Debs v. Ne. Illinois Univ. & Bd. of Governors of State Colleges & Universities, 153 F.3d 390 (7th Cir. 1998).published“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.”
- Roderick Stubbs v. James Gomez, 189 F.3d 1099 (9th Cir. 1999).published“[Wjhere 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.”
- Pendleton v. New York State Dep't of Corr. Servs., 615 F. Supp. 522 (S.D.N.Y. 1985).published“the ‘factual inquiry’ in a Title VII case is 'whether the defendant intentionally discriminated against the plaintiff”
- Holloway v. Horn, 161 F. Supp. 2d 452 (E.D. Pa. 2001).published“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.”
- Charles P. Olson v. N. Fs, Inc., 387 F.3d 632 (7th Cir. 2004).published“The ‘factual inquiry’ in a Title VII case is ‘[whether] the defendant intentionally discriminated against the plaintiff.’ ... The prima facie case method established in •McDonnell Douglas was ‘never intended to be rigi…”
- Johnson v. NYS Dept of Corr. Sus, No. 1:11-cv-00079 (W.D.N.Y. Feb. 26, 2021).“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.”
- Mora v. Chicago Tribune, 57 F. Supp. 2d 626 (N.D. Ill. 1999).published“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.”
- Kourofsky v. Genencor Int'l, Inc., 459 F. Supp. 2d 206 (W.D.N.Y. 2006).published“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”
- Beshty v. Gen. Motors, 327 F. Supp. 2d 208 (W.D.N.Y. 2004).published“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”
- Yap v. Slater, 165 F. Supp. 2d 1118 (D. Haw. 2001).published“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.”
- Revis v. Slocomb Indus., Inc., 814 F. Supp. 1209 (D. Del. 1993).published“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 experienc…”
- Taylor v. Mills, 892 F. Supp. 2d 124 (D.D.C. 2012).published“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.”
- Evans v. Connecticut, 24 F. App'x 35 (2d Cir. 2001).unpublished
At page 716 Proving employer intent through circumstantial evidence222 citing cases“there will seldom be 'eyewitness' testimony as to the employer's mental processes.”
- Oliver, No. 1:19-cv-11219 (S.D.N.Y. Aug. 6, 2026).([T]hat an employee ‘disagrees with an employer’s evaluation of that employee’s misconduct or deficient performance, or even has evidence that the decision was objectively incorrect, does not necessarily demonstrate, by…)
- Kavelman v. City of Lincoln, No. 3:21-cv-03114 (C.D. Ill. July 14, 2025).(There will seldom be ‘eyewitness' testimony as to the employer’s mental processes.)
- James v. Port Auth. Police Dep't, No. 1:22-cv-02463, 2025 WL 966016 (S.D.N.Y. Mar. 31, 2025).([T]hat an employee ‘disagrees with an employer’s evaluation of that employee’s misconduct or deficient performance, or even has evidence that the decision was objectively incorrect, does not necessarily demonstrate, by…)
- Lawanna Tynes v. Florida Dep't of Juv. Just., 88 F.4th 939 (11th Cir. 2023).published ([N]one of this means that trial courts or reviewing courts should treat discrimination differently from other ultimate questions of fact.)
- DeFrancesco v. Arizona Bd. of Regents, No. 4:20-cv-00011 (D. Ariz. Sept. 27, 2022).([t]here will seldom be ‘eyewitness' 13 testimony as to the employer's mental processes)
- Jodi Breiterman v. United States Capitol Police, 15 F.4th 1166 (D.C. Cir. 2021).published Bd. of Governors v. Aikens, 460 U.S. 711, 715 (1983) (“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 releva…
- Christopher J. Godfrey v. State of Iowa, 962 N.W.2d 84 (Iowa 2021).published (The ultimate question of the defendants’ state of mind is elusive and rarely is established by other than circumstantial evidence . . . .)
- Naji v. Fluor Fed. Servs. LLC, No. 6:19-cv-01774 (D.S.C. May 3, 2021). ([C]ourts should [not] treat discrimination differently from other ultimate questions of fact.)
- United Rentals North Am., Inc. v. Pamela Evans, 608 S.W.3d 449 (Tex. App.—Dallas 2020).published(There will seldom be ‘eyewitness' testimony as to the employer's mental processes.)
- G. Steven Cox v. Kansas City Chiefs Football Club, Inc., 473 S.W.3d 107 (Mo. 2015).published (There will seldom be ‘eyewitness’ testimony as to the employer’s mental processes)
Show 187 more citing cases
- Larry D. Williams v. City of Burns, No. M2012-02423-SC-R11-CV (Tenn. Ct. App. May 4, 2015).published(There will seldom be ‘eyewitness’ testimony as to the employer’s mental processes.)
- Crystal Gregory v. Dillard's, No. 05-3910 (8th Cir. May 12, 2009).published(There will seldom be ‘eyewitness’ testimony as to the [defendant’s] mental processes.)
- Terri Wallace v. DTG Operations, 442 F.3d 1112 (8th Cir. 2006).published (There will seldom be ‘eyewitness’ testimony as to the employer’s mental processes.)
- Olson, Charles P. v. N. FS Inc, No. 04-1102 (7th Cir. Oct. 22, 2004).published (The ‘factual inquiry’ in a Title VII case is ‘[whether] the defendant intentionally discriminated against the plaintiff.’ . . . The prima facie case method established in McDonnell Douglas was ‘never intended to be rig…)
- Barbara R. Sheridan v. E.I. Dupont De Nemours & Co., 100 F.3d 1061 (3d Cir. 1996).published (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.)
- Marzano v. Comput. Sci., No. 95-5629 (3d Cir. July 31, 1996). See U.S. Postal Service Board of Governors v. Aikens, 460 U.S. 711, 715 (1983) ("The 'factual inquiry' . . . is '[whether] the defendant intentionally discriminated against the plaintiff.'") (citation omitted).
- Catherine A. MARZANO v. Comput. Sci. CORP. INC., 91 F.3d 497 (3d Cir. 1996).published (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.)
- C. Thomas Ryther v. KARE 11, No. 94-3622 (8th Cir. May 31, 1996).published (sensitive and difficult" issue of intentional discrimination will frequently be proven by circumstantial evidence of pretext, as "[t]here will seldom be 'eyewitness' testimony as to the employer's mental processes)
- Ward v. Papa's Pizza to Go, Inc., 907 F. Supp. 1535 (S.D. Ga. 1995).published([t]here will seldom be ‘eyewitness’ testimony as to the employer’s mental processes)
- Mardell v. Harleysville Life Ins. Co., No. 91-0149 (3d Cir. Aug. 1, 1994). (The prohibitions against discrimination contained in the Civil Rights Act of 1964 reflect an important national policy.)
- St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502 (1993).published (There will seldom be `eyewitness' testimony as to the employer's mental processes)
- 60 Fair empl.prac.cas. (Bna) 1147 v. City of Aurora, 984 F.2d 349 (10th Cir. 1993).published(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)
- Sorensen v. City of Aurora, 984 F.2d 349 (10th Cir. 1993).published(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)
- People v. Hope, 560 N.E.2d 849 (Ill. 1990).published (Where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case *** [t]he district court has before it all the evidence it needs to decide whether ‘the de…)
- Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).published See Aikens, supra, at 714, n. 3 (“As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence”).
- Combs v. Plantation Patterns, No. 95-6922 (11th Cir. Feb. 20, 1997).published
- 52 Fair empl.prac.cas. 71, 52 Empl. Prac. Dec. P 39,662 Increase Minority Participation by Affirmative Change Today of Nw. Florida, Inc. (Impact), on Behalf of Itself & Its Members, Diann Walker, Louvenia Jones, Pearlie Williams, Gracie Holton, Rosa Henderson, Delores Colston, Charles Stewart, Barbara King, Dorothy Roberts, Jacqueline Ross, Linda Issac, Intervenors-Appellants, & Clifford Simmons, Marguerite Stewart v. George Firestone, as Sec'y of the State of Florida, State of Florida, Increase Minority Participation by Affirmative Change Today of Nw. Florida, Inc. (Impact), on Behalf of Itself & Its Members, Diann Walker, Louvenia Jones, Pearlie Williams, Gracie Holton, Rosa Henderson, Delores Colston, Charles Stewart, Barbara King, & Dorothy Roberts, on Behalf of Themselves & All Others Similarly Situated, Clifford Simmons & Marguerite Stewart, Jacqueline Ross & Linda Issac, Intervenors-Appellants v. George Firestone, as Sec'y of State of the State of Florida, & State of Florida, 893 F.2d 1189 (11th Cir. 1990).published
- January v. Stolaruk Corp., 695 F. Supp. 886 (E.D. Mich. 1988).published
- Walsh v. New York City Hous. Auth., 828 F.3d 70 (2d Cir. 2016).published
- Williams v. Smithsonian Inst., No. 2014-1900 (D.D.C. Aug. 16, 2019).published
- Evans v. McClain of Georgia, Inc., 131 F.3d 957 (11th Cir. 1997).published
- Chapman v. AI Transp., No. 97-8838 (11th Cir. July 13, 1999).published
- Merck & Co. v. Reynolds, 559 U.S. 633 (2010).published
- Arave v. Creech, 507 U.S. 463 (1993).published
- Jones v. Denver Post Corp., 203 F.3d 748 (10th Cir. 2000).published
- Thomas, Valerie v. Natl Ftbl Leag Plyrs, 131 F.3d 198 (D.C. Cir. 1997).published
- Vincent DeNOVELLIS v. Donna E. SHALALA, 124 F.3d 298 (1st Cir. 1997).published
- DeNovellis v. Shalala, 135 F.3d 58 (1st Cir. 1998).published
- Brown v. Tennessee State Univ., 810 F.2d 199 (6th Cir. 1986).unpublished
- 46 Fair empl.prac.cas. 610 v. Harris-Teeter Supermarket, 842 F.2d 1496 (4th Cir. 1988).published
- Norman W. OLIVER v. Digit. Equip. Corp., 846 F.2d 103 (1st Cir. 1988).published
- Eunice W. Moore v. Alabama State Univ. & Dr. Leon Howard, 864 F.2d 103 (11th Cir. 1989).published
- Robert H. Sawyer, Jr. v. Bd. of Trs., 865 F.2d 260 (6th Cir. 1988).unpublished
- Needham Holder v. City of Raleigh Jack C. Duncan, Needham Holder v. City of Raleigh Jack C. Duncan, 867 F.2d 823 (4th Cir. 1989).published
- Edward L. Mixon, Jr. v. Weirton Steel Corp. Weirton Steel Div., Nat'l Steel Corp., Edward L. Mixon, Jr. v. Weirton Steel Corp., Weirton Steel Div., Nat'l Steel Corp., 884 F.2d 1389 (4th Cir. 1989).unpublished
- Ruth M. Wood v. Anthony M. Frank, 986 F.2d 1432 (10th Cir. 1993).published
- 63 Fair empl.prac.cas. (Bna) 47 v. Star-Kist Foods, Inc., 7 F.3d 704 (8th Cir. 1993).published
- Joseph Booker v. C.R. Indus., Inc., 12 F.3d 1100 (7th Cir. 1993).unpublished
- Theodore E. Artis v. State of Indiana, 19 F.3d 21 (7th Cir. 1994).unpublished
- Nancy Mardell v. Harleysville Life Ins. Co., 31 F.3d 1221 (3d Cir. 1994).published
- Edward C. Tragler v. Rondy Inc., 45 F.3d 431 (6th Cir. 1994).published
- Paskvan v. City of Cleveland Civil Serv. Com'n, 70 F.3d 1272 (6th Cir. 1995).unpublished
- Debra L. Herr v. Airborne Freight Corp., 130 F.3d 359 (8th Cir. 1998).published
- Etim U. v. Washington Hosp. Ctr., 156 F.3d 1284 (D.C. Cir. 1998).published
- Equal Emp. Opportunity Comm'n, & Francisco G. Santana v. Sears Roebuck & Co., Francisco G. Santana, & Equal Emp. Opportunity Comm'n v. Sears Roebuck & Co., 243 F.3d 846 (4th Cir. 2001).published
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000).published
- Casey's Gen. Stores, Inc. v. Blackford, 661 N.W.2d 515 (Iowa 2003).published
- Martin v. Teledyne Brown Eng'g, 924 F. Supp. 1131 (S.D. Ala. 1996).published
- Garvey v. Dickinson Coll., 763 F. Supp. 799 (M.D. Pa. 1991).published
- Missouri Comm'n on Human Rights v. City of Sikeston/Sikeston Power Plant/Bd. of Mun. Utils., 769 S.W.2d 798 (Mo. Ct. App. 1989).published
- Townsend v. Washington Metro. Area Transit Auth., 746 F. Supp. 178 (D.D.C. 1990).published
- Corrigan v. Rhode Island, 820 F. Supp. 647 (D.R.I. 1993).published
- Dockter v. Rudolf Wolff Futures, Inc., 684 F. Supp. 532 (N.D. Ill. 1988).published
- Deboom v. Raining Rose, Inc., 772 N.W.2d 1 (Iowa 2009).published
- Indiana Civil Rights Comm'n v. S. Indiana Gas & Elec. Co., 648 N.E.2d 674 (Ind. Ct. App. 1995).published
- Zaderaka v. Illinois Human Rights Comm'n, 545 N.E.2d 684 (Ill. 1989).published
- Illinois J. Livingston Co. v. Human Rights Comm'n, 704 N.E.2d 797 (Ill. App. Ct. 1st Dist. 1998).published
- People v. Coleman, 642 N.E.2d 821 (Ill. App. Ct. 1st Dist. 1994).published
- Waldron v. SL Indus., Inc., 849 F. Supp. 996 (D.N.J. 1994).published
- O'MARY v. Mitsubishi Elec. Am., Inc., 59 Cal. App. 4th 563 (Cal. Ct. App. 1997).published
- Heard v. Lockheed Missiles & Space Co., 44 Cal. App. 4th 1735 (Cal. Ct. App. 1996).published
- Frank v. Cnty. of Los Angeles, 149 Cal. App. 4th 805 (Cal. Ct. App. 2007).published
- Los Angeles Cnty. Dep't of Parks & Rec. v. Civil Serv. Comm'n, 8 Cal. App. 4th 273 (Cal. Ct. App. 1992).published
- Ainsworth v. Franklin Cnty. Cheese Corp., 592 A.2d 871 (Vt. 1991).published
- Pfau v. Coopers & Lybrand, 776 F. Supp. 744 (S.D.N.Y. 1990).published
- Guz v. Bechtel Nat'l, Inc., 8 P.3d 1089 (Cal. 2000).published
- Konah v. Dist. of Columbia, No. 2010-0904 (D.D.C. Jan. 3, 2013).published
- Pierson v. Washington Metro. Area Transit Auth., No. 2007-0530 (D.D.C. Nov. 4, 2011).published
- Brown v. Psi Servs., Inc., No. 2008-1539 (D.D.C. Sept. 13, 2010).published
- Potts v. Howard Univ. Hosp., No. 2004-1856 (D.D.C. Sept. 8, 2010).published
- Reshard v. Slater, No. 1987-2794 (D.D.C. Apr. 7, 2010).published
- Barnabas v. Univ. of the Dist. of Columbia, No. 2007-2207 (D.D.C. Mar. 1, 2010).published
- Kelly v. Barreto, No. 2005-0900 (D.D.C. Jan. 6, 2010).published
- Brown v. Carranza, No. 2008-1110 (D.D.C. Dec. 16, 2009).published
- Barry v. United States Capitol Guide Serv., No. 2004-0168 (D.D.C. July 21, 2009).published
- Evans v. Gonzalez, No. 2005-1063 (D.D.C. May 5, 2009).published
- Pearsall v. Gonzalez, No. 2007-0108 (D.D.C. Apr. 28, 2009).published
- Rattigan v. Ashcroft, No. 2004-2009 (D.D.C. Mar. 30, 2009).published
- Equal Emp. Opportunity Comm'n v. Ford Motor Co., 752 F.3d 634 (6th Cir. 2014).published
- Mesnick v. Elec. Co., No. 91-1451 (1st Cir. Oct. 19, 1992).published
- Barbour v. Dynamics Rsch. Corp., 63 F.3d 32 (1st Cir. 1995).published
- Lissau v. S. Food Serv., Inc., 159 F.3d 177 (4th Cir. 1998).published
- Equal Emp. Opportunity Comm'n v. Sears Roebuck & Co., 243 F.3d 846 (4th Cir. 2001).published
- William Singfield v. Akron Metro. Hous. Auth., 389 F.3d 555 (6th Cir. 2004).published
- John Dibiase v. Smithkline Beecham Corp., 48 F.3d 719 (3d Cir. 1995).published
- Sheridan v. EI DuPont de Nemours, No. 94-7509 (3d Cir. Nov. 14, 1996).
- Sheridan v. DuPont & Co., No. 94-7509 (3d Cir. Jan. 31, 1996).
- Quinn v. Consol Freightways, No. 1-1681 (3d Cir. Mar. 8, 2002).
- Steven G. Rothmeier v. Inv. Advisers, Inc., 85 F.3d 1328 (8th Cir. 1996).published
- C. Thomas RYTHER v. KARE 11, 108 F.3d 832 (8th Cir. 1997).published
- Paul J. Kiel v. Select Artificials, Inc., 169 F.3d 1131 (8th Cir. 1999).published
- EEOC v. Liberal R-II Sch., No. 02-1025 (8th Cir. Dec. 31, 2002).published
- Randy E. Koons v. Aventis Pharm., Inc., 367 F.3d 768 (8th Cir. 2004).published
- Beck v. United Food Com. Workers Union, Local 99, No. 05-16414 (9th Cir. Nov. 1, 2007).published
- Berry v. Coastal Int'l Sec., Inc., No. 2012-1420 (D.D.C. Mar. 15, 2016).published
- Cynthia Wilson v. Jayne Miller, 821 F.3d 963 (8th Cir. 2016).published
- Ohio Univ. v. Ohio Civil Rights Comm'n, 887 N.E.2d 403 (Ohio Ct. App. 4th Dist. 2008).published
- McDaniel v. Vilsack, No. 2012-0723 (D.D.C. Sept. 23, 2016).published
- Matthieu W. Yangambi v. Providence Sch. Bd., 162 A.3d 1205 (R.I. 2017).published
- U.S. Equal Emp. Opportunity Comm'n v. Maryland Ins. Admin., 879 F.3d 114 (4th Cir. 2018).published
- Welch v. Powell, No. 2016-0509 (D.D.C. Mar. 22, 2018).published
- Jacqueline Lewis v. City of Union City, 918 F.3d 1213 (11th Cir. 2019).published
- Larry R. Hedlund v. State of Iowa, 930 N.W.2d 707 (Iowa 2019).published
- Holassie v. Dist. of Columbia, No. 2016-2053 (D.D.C. Oct. 15, 2019).published
- United States v. Scott Wombold, No. 18-6102 (6th Cir. Oct. 29, 2020).published
- McGrory v. Applied Signal Tech., Inc., 212 Cal. App. 4th 1510 (Cal. Ct. App. 2013).published
- Hardison v. Skinner, No. 20-30643, 2022 WL 2668514 (5th Cir. July 11, 2022).unpublished
- Maness v. Star-Kist Foods, Inc., 7 F.3d 704 (8th Cir. 1993).published
- Lilly v. Harris-Teeter Supermarket, 842 F.2d 1496 (4th Cir. 1988).published
- Cunningham v. Ramjay Inc., No. 2022-0931 (D.D.C. Dec. 20, 2023).published
- Sylvia Ferrara v. Alejandro Mayorkas, No. 22-55766 (9th Cir. May 3, 2024).unpublished
- Adams v. Cottage Care, No. 4:19-cv-00588 (E.D. Ark. Sept. 12, 2022).
- Mancini v. Accredo Health Grp., Inc, 411 F. Supp. 3d 243 (D. Conn. 2019).published
- Huminski v. Stop & Shop Supermarket Co LLC, No. 3:16-cv-01136, 2019 WL 4804913 (D. Conn. Sept. 30, 2019).
- Bjorklund v. Golub Corpp, No. 3:18-cv-01271 (D. Conn. Feb. 25, 2020).
- Sanders v. Univ. of Idaho Coll. of Law, No. 1:19-cv-00225 (D. Idaho Oct. 5, 2022).
- Porter v. Grand Trunk W. R.R. Co., No. 1:20-cv-04836 (N.D. Ill. Mar. 20, 2023).
- Rieck v. Hous. Auth. of Covington, No. 2:19-cv-00092 (E.D. Ky. Aug. 11, 2022).
- Beeler v. Norton Healthcare, Inc., No. 3:17-cv-00573 (W.D. Ky. Mar. 16, 2020).
- Johnson v. L'Oreal USA, No. 1:18-cv-09786 (S.D.N.Y. Sept. 30, 2021).
- Ames v. State of Ohio Dep't of Youth Servs., No. 2:20-cv-05935 (S.D. Ohio Mar. 16, 2023).
- Gray v. State Farm Mut. Auto. Ins. Co., No. 2:20-cv-06038 (S.D. Ohio Feb. 5, 2024).
- Harris v. City of Providence, 588 F. Supp. 3d 211 (D.R.I. 2022).published
- Mack v. Int'l Paper Co., No. 3:21-cv-01415 (D.S.C. Feb. 9, 2023).
- Thao Rim v. Lab'y Mgmt. Consultants, Inc., No. 3:18-cv-00911 (M.D. Tenn. Nov. 12, 2019).
- Garcia v. Metro. Gov't of Nashville & Davidson Cnty., No. 3:18-cv-00814 (M.D. Tenn. Dec. 20, 2019).
- Jones v. Trane/Ingersoll Rand, No. 3:19-cv-00453 (M.D. Tenn. Aug. 28, 2020).
- Jaeger v. Vanderbilt Univ., No. 3:18-cv-01310 (M.D. Tenn. Aug. 25, 2020).
- Jones v. Trane/Ingersoll Rand, No. 3:19-cv-00453 (M.D. Tenn. Sept. 17, 2020).
- Tenpenny v. Prime Now, LLC, No. 3:19-cv-00420 (M.D. Tenn. Dec. 7, 2020).
- Sparrow v. Washington Metro. Area Transit Auth., No. 2022-2216 (D.D.C. July 26, 2024).published
- Anderson v. Amazon.com, Inc., No. 1:23-cv-08347, 2024 WL 2801986 (S.D.N.Y. May 31, 2024).
- Jobber v. Plumrose USA, Inc., No. 2:19-cv-00169 (D. Vt. June 7, 2021).
- Sanders-Peay v. New York City Dep't of Educ., No. 1:20-cv-01115 (E.D.N.Y. Dec. 6, 2024).
- Winsett v. H&S Resources Corp., No. 8:21-cv-02932 (D. Md. Jan. 21, 2025).
- Stocking v. Newmark Knight Frank Valuation & Advisory, LLC, No. 1:22-cv-07347 (S.D.N.Y. Mar. 18, 2025).
- Gopal v. Univ. of Connecticut, No. 3:19-cv-01810 (D. Conn. Mar. 31, 2025).
- Brejean Balancier v. Sewerage & Water Bd. of New Orleans, 351 So. 3d 439 (La. Ct. App. 2022).published
- Libraty, No. 1:20-cv-01764 (E.D. Cal. Oct. 3, 2025).
- Ahmed S. Ismael v. Sheriff Richard Roundtree, 161 F.4th 752 (11th Cir. 2025).published
- Buccieri, No. 4:22-cv-40132 (D. Mass. Mar. 30, 2026).
- Ritter, No. 1:23-cv-00498 (N.D. Ohio Apr. 24, 2026).
- Sharpe-Miller v. Walmart, 181 F.4th 1037 (10th Cir. 2026).published
- Woolcock v. Michaels Org. LLC, No. 2023-1375 (D.D.C. July 14, 2026).published
- Grant, No. 4:23-cv-01932 (M.D. Pa. Aug. 24, 2026).
- Telma Hall v. Alabama State Univ., No. 23-13573 (11th Cir. Sept. 16, 2026).unpublished
- William Collado v. United Parcel Serv. Co., 419 F.3d 1143 (11th Cir. 2005).published
- Lalvani v. Illinois Human Rights Com'n, 755 N.E.2d 51 (Ill. App. Ct. 1st Dist. 2001).published
- Scott v. Sulzer Carbomedics, Inc., 141 F. Supp. 2d 154 (D. Mass. 2001).published“There will seldom be ‘eyewitness’ testimony as to the employer’s mental processes.”
At page 714 Establishing prima facie case in discrimination claims156 citing casesWhere 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.
- Lawanna Tynes v. Florida Dep't of Juv. Just., 88 F.4th 939 (11th Cir. 2023).published Bd. of Governors v. Aikens, 460 U.S. 711, 716 (1983) (“[N]one of this means that trial courts or reviewing courts should treat discrimination differently from other ultimate questions of fact.”).
- Noakes v. Dep't of Homeland Sec., No. 2:22-cv-00213 (E.D. La. Oct. 18, 2022).(A plaintiff may use either direct or circumstantial evidence to prove claims for discrimination and hostile work environment)
- Noakes v. Dep't of Homeland Sec., No. 2:22-cv-00213 (E.D. La. Oct. 12, 2022).(A plaintiff may use either direct or circumstantial evidence to prove claims for discrimination and hostile work environment)
- Wojtkowski v. Ross, No. 8:17-cv-02399 (D. Md. May 24, 2021).(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.)
- Ortega v. Safeway Stores, Inc., 943 F.2d 1230 (10th Cir. 1991).published (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.)
- Diane MILLER & Pamela Lewis v. FAIRCHILD Indus., INC., 885 F.2d 498 (9th Cir. 1989).published (Because this case 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 issu…)
- Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).published (As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence)
- United Scenic Artists, Local 829, Bhd. of Painters & Allied Trades, Afl-Cio v. Nat'l Labor Relations Bd., 762 F.2d 1027 (D.C. Cir. 1985).published
- Kovacevich v. Kent State Univ, No. 98-3678 (6th Cir. Aug. 25, 2000).published
- Edward Lentz, Jr. v. City of Cleveland, 333 F. App'x 42 (6th Cir. 2009).unpublished
Show 140 more citing cases
- Russell v. McKinney Hosp. Venture, 235 F.3d 219 (5th Cir. 2001).published
- Tyler v. Union Oil Co. of California, 304 F.3d 379 (5th Cir. 2002).published
- Tyler v. Union Oil Co of CA, No. 01-50479 (5th Cir. Sept. 16, 2002).published
- Thomas E. West v. Nabors Drilling Usa, Inc., 330 F.3d 379 (5th Cir. 2003).published
- Combs v. Plantation Patterns, No. 95-6922 (11th Cir. Feb. 20, 1997).published
- 52 Fair empl.prac.cas. 71, 52 Empl. Prac. Dec. P 39,662 Increase Minority Participation by Affirmative Change Today of Nw. Florida, Inc. (Impact), on Behalf of Itself & Its Members, Diann Walker, Louvenia Jones, Pearlie Williams, Gracie Holton, Rosa Henderson, Delores Colston, Charles Stewart, Barbara King, Dorothy Roberts, Jacqueline Ross, Linda Issac, Intervenors-Appellants, & Clifford Simmons, Marguerite Stewart v. George Firestone, as Sec'y of the State of Florida, State of Florida, Increase Minority Participation by Affirmative Change Today of Nw. Florida, Inc. (Impact), on Behalf of Itself & Its Members, Diann Walker, Louvenia Jones, Pearlie Williams, Gracie Holton, Rosa Henderson, Delores Colston, Charles Stewart, Barbara King, & Dorothy Roberts, on Behalf of Themselves & All Others Similarly Situated, Clifford Simmons & Marguerite Stewart, Jacqueline Ross & Linda Issac, Intervenors-Appellants v. George Firestone, as Sec'y of State of the State of Florida, & State of Florida, 893 F.2d 1189 (11th Cir. 1990).published
- Dorothy Kovacevich v. Kent State Univ., 224 F.3d 806 (6th Cir. 2000).published
- Clifford Litton v. Talawanda Sch. Dist., 485 F. App'x 804 (6th Cir. 2012).unpublished
- Gary M. Gossett v. Tractor Supply Co., No. M2007-02530-SC-R11-CV (Tenn. Sept. 20, 2010).published
- Nawrot, Ralph v. CPC Int'l, No. 00-2849, 2002 WL 27528 (7th Cir. Jan. 11, 2002).published
- Baker v. Nat'l State Bank, 711 A.2d 917 (N.J. Super. Ct. App. Div. 1998).published
- January v. Stolaruk Corp., 695 F. Supp. 886 (E.D. Mich. 1988).published
- Casillas v. United States Navy, 735 F.2d 338 (9th Cir. 1984).published
- Ames v. Ohio Dep't of Youth Servs., 605 U.S. 303 (2025).published
At page 717 Reaffirming burden of proving pretext in title vii cases30 citing casesDistrict Court erroneously thought that respondent was required to submit direct evidence of discriminatory intent____
- Miller v. Cigna, No. 93-1773 (3d Cir. Jan. 23, 1995). (a plaintiff prevail[s] 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)
- William J. Miller v. Cigna Corp. the Ins. Co. of North Am., 47 F.3d 586 (3d Cir. 1995).published (a plaintiff prevail[s] 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)
- Fisher v. Vassar Coll., 852 F. Supp. 1193 (S.D.N.Y. 1994).published (District Court erroneously thought that respondent was required to submit direct evidence of discriminatory intent____)
- St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502 (1993).published See Aikens, supra, at 716 ("There will seldom be `eyewitness' testimony as to the employer's mental processes").
- Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).published See Aikens, supra, at 714, n. 3 (“As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence”).
- Kovacevich v. Kent State Univ, No. 98-3678 (6th Cir. Aug. 25, 2000).published
- Dorothy Kovacevich v. Kent State Univ., 224 F.3d 806 (6th Cir. 2000).published
- Casillas v. United States Navy, 735 F.2d 338 (9th Cir. 1984).published
- Iva N. WILLIAMS v. Sw. BELL Tel. Co., 718 F.2d 715 (5th Cir. 1983).published
- Felippa C. FIELDS v. William F. BOLGER, 723 F.2d 1216 (6th Cir. 1984).published
Show 20 more citing cases
- Geraldine v. Carter v. Duncan-Huggins, Ltd., 727 F.2d 1225 (D.C. Cir. 1984).published
- John JACKSON v. RKO BOTTLERS OF TOLEDO, INC., 743 F.2d 370 (6th Cir. 1984).published
- Richard Krodel v. Andrew J. Young, in His Off. Capacity as Associate Comm'r, Off. of Hearings & Appeals, Soc. Sec. Admin. Richard Krodel v. Andrew J. Young, in His Off. Capacity as Associate Comm'r, Off. of Hearings & Appeals, Soc. Sec. Admin. Dep't of Health & Human Servs. & Margaret M. Heckler, Sec'y in Her Off. Capacity, 748 F.2d 701 (D.C. Cir. 1984).published
- Maud Lee THORNBROUGH, Jr. v. COLUMBUS & GREENVILLE R.R. Co., 760 F.2d 633 (5th Cir. 1985).published
At page 713 Establishing prima facie case under title vii29 citing casesundisputed plaintiff was terminated
- Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).published See Aikens, supra, at 714, n. 3 (“As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence”).
- Arismendez v. Nightingale Home Health Care, Inc., 493 F.3d 602 (5th Cir. 2007).published
- Watson v. Fort Worth Bank & Trust, 487 U.S. 977 (1988).published
- Jose L. Sanchez v. Puerto Rico Oil Co., 37 F.3d 712 (1st Cir. 1994).published
- Virapen v. Eli Lilly, S.A., 66 F.3d 307 (1st Cir. 1995).unpublished
- United Scenic Artists, Local 829, Bhd. of Painters & Allied Trades, Afl-Cio v. Nat'l Labor Relations Bd., 762 F.2d 1027 (D.C. Cir. 1985).published
- Lih Y. Young v. Sec'y of United States Dep't of Health & Human Servs., 914 F.2d 298 (D.C. Cir. 1990).unpublished
- Elmer Webb v. Edward J. Derwinski, 68 F.3d 479 (8th Cir. 1995).unpublished
- Equal Emp. Opportunity Comm'n v. Our Lady of the Resurrection Med. Ctr., 77 F.3d 145 (7th Cir. 1996).published
- Donald G. Schley v. Coll. of Charleston Martin Perlmutter, 83 F.3d 416 (4th Cir. 1996).unpublished
Show 18 more citing cases
- Carol G. Johnson v. Dist. of Columbia, 99 F.3d 448 (D.C. Cir. 1996).unpublished
- Michael Hopp Lawrence T. Skinger Charles S. Knox Brian E. Dayton Mark Joyce Harry R. Lutton John E. Shamlin v. The City of Pittsburgh the Civil Serv. Comm'n of the City of Pittsburgh Robert T. Gross Donald J. Hamlin Michael Hopp Joseph M. Dinnien v. The City of Pittburgh the City of Pittsburgh the Civil Serv. Comm'n of the City of Pittsburgh, 194 F.3d 434 (3d Cir. 1999).published
- Wilkie v. Bd. of Comm Chat, No. 99-1898 (4th Cir. Apr. 19, 2000).unpublished
- Begnal v. Canfield & Assocs., Inc., 78 Cal. App. 4th 66 (Cal. Ct. App. 2000).published
- Hague v. Univ. of Texas Health Sci. Ctr., 560 F. App'x 328 (5th Cir. 2014).unpublished
- Kovacevich v. Kent State Univ, No. 98-3678 (6th Cir. Aug. 25, 2000).published
- Madden v. Chattanooga City Wide Serv. Dep't, 549 F.3d 666 (6th Cir. 2008).published
- Edward Lentz, Jr. v. City of Cleveland, 333 F. App'x 42 (6th Cir. 2009).unpublished
At page 711 Evaluating case after trial on intentional discrimination5 citing cases460 U.S. 711 (1983) UNITED STATES POSTAL SERVICE BOARD OF GOVERNORS v. AIKENS No. 81-1044. Supreme Court of United States. Argued November 9, 1982. Decided…
- William B. Larkin Louise Seals, as Pers. Rep. of Spurgeon Seals, Deceased Lillie Lofton, as Pers. Rep. of Edward Lofton, Deceased Jesse B. Terry, on Behalf of Himself & Others Similarly Situated v. Pullman-Stand. Div., Pullman, Inc., a Corp., Defendant- Louis Swint & Willie James Johnson, on Behalf of Themselves & Others Similarly Situated Clyde Humphrey v. Pullman-Stand., Bessemer, Alabama United Steelworkers of Am. Local 1466 & United Steelworkers of Am., Afl-Cio, Int'l Ass'n of MacHinists Louis Swint, & Willie James Johnson, on Behalf of Themselves & Others Similarly Situated Clyde Humphrey v. Pullman-Stand., Bessemer, Alabama, United Steelworkers of Am. Local 1466 & United Steelworkers of Am., Afl-Cio, Int'l Ass'n of MacHinists, 854 F.2d 1549 (11th Cir. 1988).published
- Larkin v. Pullman-Stand. Div., Pullman, Inc., 854 F.2d 1549 (11th Cir. 1988).published
- Seiple v. Cracker Barrel Old Country Store, Inc., No. 2:19-cv-02946 (E.D. Pa. Apr. 22, 2021).
- Perry-hartman v. Prudential Ins. Co. of Am., No. 2:17-cv-04732, 2021 WL 3077551 (E.D. Pa. July 20, 2021).
- E.M. v. Shady Grove Reproductive Sci. Ctr. P.C., No. 2019-0657 (D.D.C. Sept. 2, 2026).published
At page 718 “in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence”5 citing cases
- William J. Miller v. Cigna Corp. the Ins. Co. of North Am., 47 F.3d 586 (3d Cir. 1995).published “a plaintiff prevail[s] 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”
- Regan-Touhy v. Walgreen Co., 526 F.3d 641 (10th Cir. 2008).published“As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence.”
- Lucas v. Duncan, 574 F.3d 772 (D.C. Cir. 2009).published“As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence.”
- Crabbs v. Copperweld Tubing Prods. Co., 114 F.3d 85 (6th Cir. 1997).published“As in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence”
- Scott v. Sulzer Carbomedics, Inc., 141 F. Supp. 2d 154 (D. Mass. 2001).published“in any lawsuit, the plaintiff may prove his case by direct or circumstantial evidence”
75 L. Ed. 2d at 494 Determining intentional discrimination based on evidence3 citing cases
- Robert B. Reich v. Hoy Shoe Co., 32 F.3d 361 (8th Cir. 1994).published
- Kelly v. Mills, 677 F. Supp. 2d 206 (D.D.C. 2010).published
- Williams v. Vilsack, 620 F. Supp. 2d 40 (D.D.C. 2009).published
“The prima facie case method ... was ‘never intended to be rigid, mechanistic, or ritualistic’”
- Jones v. Gerwens ex rel. City of Fort Lauderdale Police Dep't, 874 F.2d 1534 (11th Cir. 1989).published“The prima facie case method ... was ‘never intended to be rigid, mechanistic, or ritualistic’”
- 50 Fair empl.prac.cas. 163 v. Joseph Gerwens, 874 F.2d 1534 (11th Cir. 1989).published“The prima facie case method ... was 'never intended to be rigid, mechanistic, or ritualistic'”
“As in any lawsuit, the plaintiff [in a discrimination case] may prove his case by direct or circumstantial evidence.”
- Stoddard v. West Telemarketing, L.P., 501 F. Supp. 2d 862 (W.D. Tex. 2007).published“As in any lawsuit, the plaintiff [in a discrimination case] may prove his case by direct or circumstantial evidence.”
- Jackson v. Am. Chem. Soc'y, 812 F. Supp. 239 (D.D.C. 1993).published“As in any lawsuit, the plaintiff [in a discrimination case] may prove his case by direct or circumstantial evidence”
v.
Aikens
Lead Opinion
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.
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).
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.
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”).
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.
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
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.