What is the current state of the law on the test for determining whether an employer meets its initial burden as a moving party in an adverse employment action?

"In meeting its initial burden the employer need not rely upon the premise that the plaintiff cannot demonstrate a prima facie case if the employer can set forth admissible evidence of its reasons, unrelated to unlawful discrimination, for the adverse employment action." (Hicks v. KNTV Television, Inc. (2008) 160 Cal.App.4th 994, 1003.) "[T]he employer satisfies its burden as moving party if it presents evidence of such nondiscriminatory reasons that would permit a trier of fact to find, more likely than not, that they were the basis for the termination." (Kelly v. Stamps.com Inc. (2005) 135 Cal.App.4th 1088, 1097-1098.)