Document Type
Court Brief
Publication Date
11-2-2015
Abstract
QUESTIONS PRESENTED McDonnell Douglas Corp. v. Green established a common method of analyzing evidence of an unlawful discriminatory motive. If a plaintiff establishes a prima facie case of discrimination, the defendant must articulate a legitimate, non-discriminatory purpose for the disputed action; where the defendant has done so, the plaintiff has the burden of demonstrating that the proffered purpose was a pretext for discrimination. This Court has repeatedly explained that the burden of establishing a prima facie case is “not onerous.” United States Postal Service Board of Governors v. Aikens held, in the context of a case which had gone to trial, that once a defendant articulates such a nondiscriminatory purpose, it no longer matters whether the plaintiff established a prima facie case; instead, the court should proceed to resolve the ultimate issue of discrimination vel non. The questions presented are: (1) Does the rule in Aikens apply to the evaluation of a discrimination claim at summary judgment? (2) Is a plaintiff claiming discrimination required to prove, as an element of a prima facie case, that he or she was treated less favorably than a “nearly identical” “similarly situated” individual who is not a member of the protected class, a Fifth Circuit requirement which courts have characterized as “stringent,” “strict,” and “demanding?”
Recommended Citation
Eric Schnapper and Margaret A. Harris, Reply Brief for Petitioner. Paske v. Fitzgerald, 136 S.Ct. 536 (2015) (No. 15-162), 2015 U.S. S. Ct. Briefs LEXIS 3941, 2015 WL 6748880 (2015), https://digitalcommons.law.uw.edu/faculty-court-briefs/53