Burden-Shifting Test OK For ADEA Cases: 9th Circ.

Law360, New York (January 12, 2012, 7:53 PM EST) -- The Ninth Circuit ruled Thursday that a long-standing burden-shifting test is the proper framework for evaluating summary judgment in age discrimination cases, reviving a lawsuit brought by a rejected candidate for a contract procurement analyst position against the U.S. Army Corps of Engineers.

The Ninth Circuit joined several other circuits in holding that the burden-shifting framework laid out in the U.S. Supreme Court's 1973 decision in McDonnell Douglas Corp. v. Green should be used when considering summary judgment motions on Age Discrimination in Employment Act claims,...
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