Pretext Governing Rule Case Study

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Pretext Governing Rule
Once a prima facie case has been established by the plaintiff and a legitimate nondiscriminatory reason has been articulated by the defendant, the burden is on the plaintiff to prove that the nondiscriminatory reason is pretext, not a credible reason, for intentional discrimination. See Young v. United Parcel Service, Inc., 135 S.Ct. 1338, 1354 (2015); Tysinger v. Police Dept. of City of Zanesville, 463 F.3d 569, 576 (6th Cir. 2006)); Dews v. A.B. Dick Co., 231 F.3d 1016, 1020 (6th Cir. 2000); Pagan v. Select Specialty Hosp.--Youngstown, Inc., 4:11CV00355, 2012 WL 2296242, at *1 (N.D. Ohio June 18, 2012). To fulfill this burden, the plaintiff can do so by satisfying either of the following two tests for pretext. Through the first test, a plaintiff can prove that (1) the employer’s nondiscriminatory reason provided imposes a significant burden on pregnant workers and (2) that reason is not strong enough to justify the burden it imposes. See Young, 135 S.Ct. 1338, 1354; Tysinger, 463 F.3d 569, 576 (6th Cir. 2006)). A second route the plaintiff can take to satisfy the burden is to prove the reason has (1) no basis in fact, (2) did not actually motivate the defendant’s challenged conduct or (3) was insufficient to warrant the challenged conduct. See Tysinger, 463 F.3d 569, 576 (6th Cir. 2006)); Dews, 231 F.3d 1016, 1021 (6th Cir. 2000); Pagan, 4:11CV00355, 2012 WL 2296242, at *1. If the plaintiff is …show more content…
In order to satisfy this burden of proof, the plaintiff can show that the reason articulated was insufficient to warrant the challenged conduct. See Tysinger, 463 F.3d 569, 577; Pagan, 4:11CV00355, 2012 WL 2296242, at *1. This generally consists of providing evidence that other employees not in the protected class were treated more favorably. See Tysinger, 463 F.3d 569,
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