The following excerpt is from Russell v. State of Cal., 1 F.3d 1247 (9th Cir. 1993):
Once the plaintiff in a Title VII action establishes a prima facie case, the burden shifts to the defendant to "rebut the presumption of discrimination by 'articulating some legitimate nondiscriminatory reason' for the adverse action." Fragante v. City and County of Honolulu, 888 F.2d 591, 595 (9th Cir.1989), cert. denied, 494 U.S. 1081 (1990). The plaintiff then bears the ultimate burden of showing that the defendant's proffered reason is merely a pretext for invidious discrimination. Id.
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