How Do You Prove Employer Discrimination?
By Corey Hanrahan
How do you prove employer discrimination? In California, there is a multi-step test that court’s use in determining whether an employee is able to prove unlawful discrimination. The test is referred to as the “McDonnel Douglas” test. It is a three step test, where the burden starts with the employee, then shifts to the employer, and then shifts back to the employee.
“…Proving pretext, and surviving a motion for summary judgment in order to reach a jury, requires the skill of an experienced and knowledgeable discrimination attorney…“
Under the McDonnel Douglas test, the burden starts with the employee. The employee must prove that there are facts that support that the employer’s conduct was discriminatory. If the employee meets the burden of proving that there is evidence that the employer’s conduct was discriminatory, the burden then shifts to the employer to prove that it had a nondiscriminatory, legitimate business reason for taking the action it did. If the employer is able to establish that, the burden shifts back to the employee to prove that the employer’s proffered legitimate reason for taking the action was pretextual (meaning simply an excuse by the employer to cover up the true illegal reason).
Discrimination cases are, for the most part, won and lost on the issue of the employee being able to prove that the employer’s proffered reason for taking action was pretextual. Without being able to prove that, your case will likely be dismissed by the judge on a motion for summary judgment without ever getting to present your evidence to a jury. Proving pretext, and surviving a motion for summary judgment in order to reach a jury, requires the skill of an experienced and knowledgeable discrimination attorney.
Attorney Corey Hanrahan of the Hanrahan Firm has helped numerous employees prevail on discrimination claims. If you have been subjected to any form of discrimination at work, contact The Hanrahan Firm for a free consultation.
