For a disparate treatment case involving pretext,which is the correct order of proof?
A)plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent
B)plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case
C)plaintiff's primary evidence, defendant's primary evidence, plaintiff's rebuttal showing discriminatory motive
D)none of these

Question

Quizplus · Accepted Answer

The correct order of proof for a disparate treatment case involving pretext is as follows:

1. Plaintiff establishes a prima facie case of discrimination 
2. Defendant presents a lawful motive for their actions 
3. Plaintiff presents additional evidence to support their claim of discriminatory intent.

Therefore, choice A is the correct answer as it follows this order.

For a Disparate Treatment Case Involving Pretext,which Is the Correct