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

Question

Quizplus · Accepted Answer

In a disparate treatment case involving pretext, the correct order of proof follows a three-step process: (1) the plaintiff must first establish a prima facie case of discrimination, (2) the defendant must then articulate a lawful motive for the action taken, and (3) the plaintiff must then provide additional evidence showing that the defendant's stated motive was a pretext for discrimination.

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