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D.C. Cir. ‘Clarifies’ Employer Burden in Job Bias Proof Scheme (1)

May 10, 2019, 6:10 PM; Updated: May 10, 2019, 8:50 PM

The State Department didn’t offer a clear enough explanation for why it continually passed a Latino employee over for promotion, the D.C. Circuit ruled May 10.

The decision “clarifies” an employer’s burden at the second step of the McDonnell-Douglas evidentiary framework used to evaluate job bias claims when direct evidence is lacking.

The employer’s obligation may be one of production rather than persuasion, but it still needs to offer a “facially credible” explanation for the challenged job action. The explanation must include evidence that could be admissible and convince a jury the employer acted for a nondiscriminatory reason, the appeals ...

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