Human Resource

The most common form of discrimination at the time Title VII was passed was treating employees of one race or sex differently from employees of another race or sex. This different, or disparate, treatment results in unlawful discrimination when an individual is treated less favorably than other employees because of race, color, religion, national origin, or sex. The U.S. Supreme Court established the elements required to be shown to establish disparate treatment under Title VII in McDonnell Douglas Corp. v Green, 411 U.S. 792 (1973). The case involved the rights of a black mechanic who had been laid off during a general workforce reduction and then not rehired. McDonnell claimed Mr. Green was not rehired because of his participation in a lock-in at the plant to protest racial inequality. Mr. Green brought suit for a Title VII violation, and the Supreme Court established the following elements as a prima facie case for discrimination.

1. The plaintiff belongs to a racial minority.

2. The plaintiff applied for and was qualified for a job with the employee.

3. The plaintiff, despite job qualifications, was rejected.

4. After the plaintiff’s rejection, the job remained open and the employer continued to seek applicants.

It is the employer’s burden of proof to show that a nondiscriminatory reason formed the basis for the employment decision. That burden arises when the employee-plaintiff establishes the four elements set out in Green. Chescheir v Liberty Mutual Ins. Co. (Case 19.1) deals with an issue of disparate treatment and proof of discrimination in an employment decision.