2-E | WHAT IS THE BURDEN OF PROOF UNDER SECTION 1981?

1) Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 253 (1981):

The plaintiff maintains the ultimate burden of proving intentional racial discrimination under Section 1981.

2) The plaintiff’s burden includes establishing a prima facie case of intentional discrimination by a preponderance of the evidence.

3) Under the burden shifting analysis set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) and reiterated in Burdine, 450 U.S. 248 (1981), the plaintiff may prove intentional discrimination either by direct evidence of racial discrimination or by an inference of racial discrimination.

4) When the plaintiff has no direct evidence of racial discrimination, the plaintiff’s claims must be analyzed under the framework established by the Supreme Court in McDonnell Douglas. Under this framework, the Plaintiff must prove that:

(a) she is a member of a protected class;

(b) an adverse employment action occurred;

(c) similarly situated persons outside her protected class were treated differently.

McDonnell Douglas, 411 U.S. 792; Burdine, 450 U.S. 248. American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006