What To Know As Courts Rethink McDonnell-Douglas
By Stephanie Adler-Paindiris, Carolyn Burnette and Ana Shields · February 5, 2026, 4:38 PM EST
On Jan. 12, the U.S. Supreme Court declined the opportunity to directly address the viability of the McDonnell-Douglas burden-shifting analysis, which it established in 1973 in McDonnell-Douglas Corp. v. Green, despite...
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