Employment Litigation

Discrimination Claims

McDonnell Douglas Framework

McDonnell Douglas Framework

McDonnell Douglas Framework

The plaintiff establishes a prima facie case, the employer articulates a legitimate nondiscriminatory reason, and the plaintiff must then show that reason is pretext for discrimination. The burden of persuasion remains with the plaintiff.

It applies to circumstantial evidence cases.

Alternative Names:

McDonnell Douglas Burden-Shifting, Burden-Shifting Framework

Why it Matters?

The employer's burden at the second step is production rather than persuasion, so articulating any legitimate reason supported by admissible evidence satisfies it regardless of whether the factfinder believes it. That framing matters because employers sometimes over-prove the reason and create disputes about its accuracy that pretext analysis then exploits. Documenting the actual reason contemporaneously is more valuable than constructing a compelling one later.

Frequently asked questions

What is the employer's burden at step two?

What is more valuable than a compelling reason?