What is the burden of production for an employer to prove its own reasons for adverse employment decisions?

MultiRegion, United States of America

The following excerpt is from Middlekauff v. Hearst Corp., No. 2:12-cv-00105-KJM-DAD (E.D. Cal. 2014):

The burden of production thus shifts to defendants "to articulate a legitimate, nondiscriminatory reason for its adverse employment decision." Noyes v. Kelly Servs., 488 F.3d 1163, 1169 (9th Cir. 2007). "To meet this burden, 'the defendant must clearly set forth, through the introduction of admissible evidence,' reasons for its employment decision which, if believed by the trier of fact, would support a finding that the employment action was not a result of unlawful discrimination." (Id.) (citing Burdine, 450 U.S. 248, 255).

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