What is the employer's burden in determining whether to discriminate against a plaintiff?

MultiRegion, United States of America

The following excerpt is from Fisher v. Vassar College, 70 F.3d 1420 (2nd Cir. 1995):

If the plaintiff presents a prima facie case, the burden shifts to the employer, who is required to demonstrate "some legitimate, nondiscriminatory reason" for the decision. Id. The employer's burden here is one of production of evidence rather than one of persuasion. Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). The defendant need only articulate--but need not prove--the existence of a non-discriminatory reason. Id. at 254-56, 101 S.Ct. at 1094-95.

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