What is the ultimate burden of proving intentional discrimination in a case alleging disability discrimination?

In a case alleging disability discrimination, the plaintiff bears the ultimate burden of proving that the employer engaged in intentional discrimination. "'First, it is the plaintiff's burden to prove by a preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff proves the prima facie case, then the burden shifts to the defendant to provide some legitimate nondiscriminatory reason for its employment decision. Third, if the defendant carries this burden, then the plaintiff must have an opportunity to show by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.'" (Frank v. County of Los Angeles (2007) 149 Cal.App.4th 805, 823.)

This burden is reversed, however, on summary judgment or summary adjudication, where the employer bears the initial burden of showing that the plaintiff cannot prove his or her claim. "In such pretrial proceedings, the trial court will be called upon to decide if the plaintiff has met his or her burden of establishing a prima facie case of unlawful discrimination. If the employer presents admissible evidence either that one or more of plaintiff's prima facie elements is lacking, or that the adverse employment action was based on legitimate, nondiscriminatory factors, the employer will be entitled to summary judgment unless the plaintiff produces admissible evidence which raises a triable issue of fact material to the defendant's showing." (Caldwell v. Paramount Unified School Dist. (1995) 41 Cal.App.4th 189, 203.)