What is the burden of proving that a party to a Title VII retaliation claim is discriminatory?
MultiRegion, United States of America
The following excerpt is from Flores v. Robin, Case No. 1:17-cv-00396-LJO-SKO (E.D. Cal. 2018):
After a plaintiff sets forth a Title VII prima facie retaliation case, the burden shifts to the defendant to articulate a legitimate nondiscriminatory reason for its decision. Ray v. Henderson, 217 F.3d 1234, 1240 (9th Cir. 2000). If the defendant can articulate such a reason, the burden shifts back to the plaintiff to show that the reason was a pretext for a discriminatory motive. Id.
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