Burden-Shifting Test Alive And Well Despite 7th Circ. Slam
By Abigail Rubenstein
Law360, New York (February 27, 2012, 9:01 PM ET) -- The Seventh Circuit recently criticized as outdated the burden-shifting analysis used for employment discrimination cases, but its sister circuits have since issued rulings that broaden the test's application far beyond Title VII claims, indicating that the standard is not only here to stay, its reach is growing, attorneys say.
The three-part framework for evaluating summary judgment bids on discrimination claims for which a plaintiff lacks direct evidence is named for the U.S. Supreme Court's 1973 decision in the Title VII case McDonnell Douglas Corp. v. Green....