Question: 1. After a plaintiff has established a prima facie case under the McDonnell Douglas standard: the burden of proof remains with the employee. the employer

1. After a plaintiff has established a prima facie case under the McDonnell Douglas standard:

  • the burden of proof remains with the employee.

  • the employer must prove misconduct.

  • the burden of proof shifts to the employer.

  • the employee must also provide a pretextual reason.

  • the employer is automatically found liable under Title VII.

2. Once a plaintiff has established a prima facie case of disparate treatment:

  • the burden of proof remains with the employee.

  • the employer is automatically found liable under Title VII.

  • the employer must prove misconduct.

  • the employee must also provide a pretextual reason.

  • the burden of proof shifts to the employer.

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