What evidence is required to prove discrimination in a disparate treatment case?
The law recognizes that a plaintiff will rarely have access to direct evidence of intentional discrimination; therefore, an employee is allowed to prove discrimination through “circumstantial” or indirect evidence. Thus, through circumstantial evidence the plaintiff must first prove that: (1) he or she is a member of a protected class; (2) that the plaintiff was qualified for his or her position; (3) that he or she was discharged or demoted; and, (4) that the employee was replaced by a person outside of the protected class. The employer then has an opportunity to demonstrate that the employee was terminated or demoted for a legitimate, non-discriminatory reason. The plaintiff then has an opportunity to produce evidence that the supposed legitimate reason for terminating or demoting the plaintiff was simply a pretext for discrimination. If the plaintiff can meet that burden he or she will win the case.
