Defining “Legitimacy” in Disparate Treatment Cases

Defining “Legitimacy” in Disparate Treatment Cases

Disparate Treatment Cases

In a situation involving individual, disparate treatment, the court in McDonnell Douglas Corp. v. Green 1 3 held that a plaintiff can establish an initial inference of illegal motivation by proving the existence of six objective elements: (I) plaintiff belongs to a class protected by Title VII; (2) defendant had a vacancy and was seeking applicants;’ (3) plaintiff has the qualifications to perform the job; (4) plaintiff applied; s (5) plaintiff was not hired; and (6) defendant continued to seek applicants.

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