What is the test for establishing a prima facie case of intentional discrimination?

MultiRegion, United States of America

The following excerpt is from Hagans v. Clark, 752 F.2d 477 (9th Cir. 1985):

A prima facie case of intentional discrimination, identifying the discriminatory criterion "as the likely reason for the denial of a job opportunity," White v. City of San Diego, 605 F.2d 455, 458 (9th Cir.1979), must be established by a preponderance of the evidence. Burdine, 450 U.S. at 252-53, 101 S.Ct. at 1093. A properly established prima facie case allows an inference of illegal discrimination, creating a legally mandatory, rebuttable presumption against the employer. Id. at 254 n. 7, 101 S.Ct. at 1094 n. 7; Casillas v. United States Navy, 735 F.2d 338, 343 (9th Cir.1984).

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