What legitimate reasons are legitimate reasons for an adverse employment action?

MultiRegion, United States of America

The following excerpt is from Velasquez v. Constellation Brands US Operations, Inc., Case No. 1:18-cv-00364-SAB (E.D. Cal. 2019):

Legitimate reasons under this standard are "reasons that are facially unrelated to prohibited bias, and which, if true, would thus preclude a finding of discrimination." Guz v. Bechtel Nat. Inc., 24 Cal.4th 317, 358, 8 P.3d 1089 (2000) (emphasis omitted). The employer "need not persuade the court that it was actually motivated by the proffered reasons." St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 510 (1993) (quoting Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 254 (1981)); see also Muzquiz v. City of Emeryville, 79 Cal.App.4th 1106, 1117 (2000). However, "the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the" adverse employment action. Burdine, 450 U.S. at 255 (1981)).

Other Questions


Does the disclosure of adverse employment references constitute an adverse employment action? (MultiRegion, United States of America)
What is the test for an employer to bring an adverse employment action against a plaintiff who is disabled? (MultiRegion, United States of America)
Can an employer discriminate against an employee who is adversely affected by an adverse employment decision? (MultiRegion, United States of America)
What is the burden of production for an employer to prove its own reasons for adverse employment decisions? (MultiRegion, United States of America)
What is the burden of proving that an employer's reason was a pretext for discrimination in an employment action? (MultiRegion, United States of America)
How have courts treated adverse employment actions in cases involving termination, dissemination of negative employment reference and refusal to consider for promotion? (MultiRegion, United States of America)
What is the test for an adverse employment action against a member of a protected class? (MultiRegion, United States of America)
What is the burden of proving that an employer has a legitimate, non-discriminatory motive for its actions? (MultiRegion, United States of America)
What is the test for a plaintiff-employee challenging an adverse employment action as discriminatory or retaliatory? (MultiRegion, United States of America)
What are the elements of an adverse employment action? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.