The elements typically require membership in a protected class, qualification for the position, an adverse action, and circumstances suggesting discrimination such as replacement by someone outside the class.
The burden is described as minimal.
Alternative Names:
Employment Prima Facie Case|Initial Burden
Why it Matters?
The minimal burden means summary judgment rarely turns on the prima facie case, and defense effort is better directed at pretext where the plaintiff bears the ultimate burden. Courts frequently assume the prima facie showing and proceed directly to the employer's reason. Challenging qualification is the exception worth pursuing, since documented performance deficiencies predating the adverse action can defeat the element outright.
Frequently Confused with
Related terms
Frequently asked questions
Where should defense effort concentrate?
Which element is worth challenging?
