A plaintiff who sues on the basis of disparate-treatment discrimination in hiring must make out a prima facie case of illegal discrimination, and will win in the absence of a legally acceptable employer defense.

Question

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In a disparate-treatment discrimination case, the plaintiff must first establish a prima facie case of discrimination. If successful, the burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse employment action. If the employer fails to provide a legally acceptable defense, the plaintiff prevails.

A Plaintiff Who Sues on the Basis of Disparate-Treatment Discrimination