What is the burden of proving that discriminatory action was taken against a plaintiff?
MultiRegion, United States of America
The following excerpt is from Evans v. Sears Logistics Servs. Inc., 1:09-cv-2055 LJO SMS (E.D. Cal. 2011):
offer evidence that the adverse action was taken for other than impermissibly discriminatory reasons." Wallis v. J.R. Simplot Co., 26 F.3d 885, 889 (1994). The burden then shifts back to the plaintiff and the plaintiff "must produce 'specific, substantial evidence of pretext.'" Id. at 890 (quoting Steckl v. Motorola, Inc., 703 F.2d 392, 393 (9th Cir.1983)).
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