08/10/2009 // Attorney Keith Clouse

Keith Clouse, a Dallas employment law attorney, clears up confusion regarding the “burden-shifting” framework that has been mentioned by commentators recently when discussing the latest United States Supreme Court decisions regarding employment discrimination. As Mr. Clouse explains, this framework addresses the shifting burdens of proof and production at play in proving a discrimination claim under Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination because of a person’s race, color, religion, sex, or national origin. Where direct evidence of discrimination is unavailable, a plaintiff can prove discrimination by satisfying a three-stage test. First, the plaintiff must establish a prima facia case by showing: (1) the plaintiff belongs to a protected class; (2) the employer took an adverse action; (3) a causal link exists between the plaintiff’s protected characteristic and the adverse action. Establishing a prima facia case creates a presumption that the employer unlawfully discriminated against the plaintiff. The employer may rebut this presumption by articulating a legitimate, non-discriminatory reason for the adverse action. If the employer does so, the employee may prevail only by showing either: (1) that the employer’s stated reason is merely a pretext for a discriminatory motive, or (2) the employer’s stated reason, while true, is not the only reason for its conduct and discrimination also motivated the employer’s action. If you would like to discuss a possible discrimination claim or another employment law issue with an employment lawyer, please contact the employment lawyers at Clouse Dunn Khoshbin LLP at info@clousedunn.com.  

Contact Keith Clouse

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax) keith@clousedunn.com

Legal Disclaimer:

EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.