Document Type
Court Brief
Publication Date
8-3-2015
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, Petition for a Writ of Certiorari. Paske v. Fitzgerald, 136 S.Ct. 536 (2015) (No. 15-162), 2015 U.S. S. Ct. Briefs LEXIS 2659, 2015 WL 4651685 (2015), https://digitalcommons.law.uw.edu/faculty-court-briefs/54