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

MultiRegion, United States of America

The following excerpt is from Hudson v. Stockton Unified School Dist., 34 F.3d 1072 (9th Cir. 1994):

When the plaintiff establishes a prima facie case of employment discrimination, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the decision. See Collins v. City of San Diego, 841 F.2d 337, 339 (9th Cir.1988). If the employer articulates a legitimate, nondiscriminatory reason, the plaintiff must raise a genuine factual issue as to whether the proffered reason was a pretext for discrimination. Lindahl, 930 F.2d at 1437. The plaintiff "must produce specific facts either directly evidencing a discriminatory motive or showing that the employer's explanation is not credible." Id. at 1438. "A 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 on cross-examination." Id.

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