Employment Law Blog

Filter:  St. Mary’s Honor Ctr. v. Hicks

Establishing Discriminatory Motive

California has adopted the three-stage burden-shifting test established by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 for trying claims of discrimination. Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 354. The so-called “McDonnell Douglas” test “reflects the principle that direct evidence of intentional discrimination is rare, and that such claims must usually be proved circumstantially.” Id. The first step in the test is for Gonzales to establish a prima facie case of discrimination. The particular elements of a prima facie case “may vary depending on the particular facts.” Id.

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Title VII and Race Discrimination

Title VII of the Civil Rights Act of 1964 (United States Code, title 42, section 2000e et seq.) makes it unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race . . . .” The standard for summary judgment in discrimination cases under Title VII is the burden shifting test outlined in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).

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