What is the test for responding to an employer's claim of non-discriminatory discrimination?

California, United States of America


The following excerpt is from Do v. Cnty. of Los Angeles, B223405, B226114 (Cal. App. 2011):

"In responding to the employer's showing of a legitimate reason for the complained-of action, the plaintiff cannot '"simply show the employer's decision was wrong, mistaken, or unwise. Rather, the employee '"must demonstrate such weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions in the employer's proffered legitimate reasons for its action that a reasonable factfinder could rationally find them 'unworthy of credence,' [citation], and hence infer 'that the employer did not act for the [asserted] non-discriminatory reasons.' [Citations.]" [Citations.]' [Citation.]" [Citation.]' [Citation.]" (McRae v.

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