What is the burden of establishing a prima facie case of discrimination?

MultiRegion, United States of America

The following excerpt is from Navarrete v. City and County of San Francisco, 19 F.3d 28 (9th Cir. 1994):

Once a plaintiff succeeds in establishing a prima facie case of discrimination, the burden shifts to the employer "to rebut the presumption of discrimination by 'articulating some legitimate, nondiscriminatory reason' for the adverse action." 1 Fragante v. City and County of Honolulu, 888 F.2d 591, 595 (9th Cir.1989) (quoting Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 254), cert. denied, 494 U.S. 1081 (1990)). If the employer does so, then the burden shifts to the plaintiff to show that the stated reason is pretextual. Id. Although a plaintiff can raise a genuine issue of material fact regarding pretext with very little evidence of discriminatory motive, he "must produce specific facts either directly evidencing a discriminatory motive or showing that the employer's explanation is not credible." Lindahl, 930 F.2d at 1438. "The plaintiff cannot carry this burden simply by restating the prima facie case and expressing an intent to challenge the credibility of the employer's witnesses...." Id. at 1437-38.

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