Majosta Title VII Prima Facie Cases: Volume 2

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss the elements of a Title VII prima facie case. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * Title VII provides that an employer may not "discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin...." 42 U.S.C. § 2000e-2(a)(1). * * * "The burden of establishing a prima facie case of disparate treatment is not onerous." Id. [T]he plaintiff must demonstrate that: "(1) [s]he is a member of a protected class; (2) [s]he was qualified for [her] job; (3) [s]he suffered an adverse employment decision; and (4) [s]he was replaced by a person outside the protected class or treated differently than similarly situated non-protected employees." White, 533 F.3d at 391 (citing Arendale v. City of Memphis, 519 F.3d 587, 603 (6th Cir. 2008)). * * * Once a plaintiff establishes a prima facie case of discrimination, the burden shifts to the defendant, who must "rebut the presumption of discrimination by producing evidence that the plaintiff was rejected, or someone else was preferred, for a legitimate, nondiscriminatory reason." Burdine, 450 U.S. at 254, 101 S.Ct. 1089. In satisfying that burden, "[t]he defendant need not persuade the court that it was actually motivated by the proffered reasons." Id. (citation omitted). Instead, "[i]t is sufficient if the defendant's evidence raises a genuine issue of fact as to whether it discriminated against the plaintiff. To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff's rejection." Id. at 254-55, 101 S.Ct. 1089 (footnotes omitted). Levine v. DeJoy, 64 F. 4th 789 (6th Cir. 2023) * * *