Kennedy Information Recruiting Trends published George Lenard's What Does Climbing the St. Louis Arch have to do with Proving Discrimination? The article lays out the case's importance here:
Eight long years passed. Finally, in 1973, the Supreme Court decided Green’s case. The decision, McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), became such a judicial landmark that even today courts cite it hundreds of times a year for its announcement of the following three-step analysis: 1. The court first looks at whether the person claiming discrimination has made a prima facie case. If not, the case is subject to dismissal without the employer presenting any evidence of its own. According to the McDonnell Douglas decision, a prima facie case of racial discrimination in hiring requires proof that the person:
- The court first looks at whether the person claiming discrimination has made a prima facie case. If not, the case is subject to dismissal without the employer presenting any evidence of its own. According to the McDonnell Douglas decision, a prima facie case of racial discrimination in hiring requires proof that the person:
- belongs to a racial minority;
- applied and was qualified for an open position, and was rejected.
- If it finds a prima facie case, the court then proceeds to the second part of the analysis, in which it looks at whether the employer stated a legitimate, nondiscriminatory reason for the rejection.
- Finally, if the employer stated such a reason, the court determines whether there is evidence it was not the true reason, but instead was a pretext to cover up discrimination.
I suggest reading the full article. It does a great job of explaining the case and how it applies to employment law.
Also, George Lenard has for many year published George's Employment Law Blog. I consider it a very good blog for employment law issues and news.
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