What is the burden of proving intentional discrimination in a denial of promotion case?

To establish a prima facie case of intentional discrimination sufficient to foreclose summary judgment, the plaintiff must identify actions by the employer, that if unexplained, give rise to an inference of discriminatory conduct. Id. "Once the plaintiff succeeds in establishing a prima facie case, the burden shifts to the employer to rebut the presumption of discrimination by 'articulating some legitimate, nondiscriminatory reason for the adverse action.' " Fragante, 888 F.2d at 595 (quoting Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 253 (1981)). If the employer presents legitimate reasons for its actions, the burden shifts back to the plaintiff to show that the purported reasons are merely a pretext for discrimination. Fragante, 888 F.2d at 595.

1. Denial of Promotion