Section 213

Citation: Section 213
Parent Document: Vermett v. State, 544 S.W.3d 294 (2018)
Jurisdiction: Missouri (state)
Effective Date: 2018-02-27
Original Source: https://www.courtlistener.com/opinion/6241359/vermett-v-state/ ↗

Full Text

927 chars

The McDonnell Douglas test first requires that the complainant meet an initial burden of proving a prima facie case of discrimination. Van Den Berk, 26 S.W.3d at 412. To meet this burden, a complainant alleging refusal to rent must show that (1) he is protected by the statute; (2) a landlord or property owner refused to rent to the complainant after the complainant made a bona fide offer to rent; and (3) the complainant's disability was a factor in the landlord or owner's decision not to rent to the complainant. Id. If the complainant meets his burden of proving a prima facie case of discrimination, the burden then shifts to the landlord or owner to establish a legitimate, non-discriminatory reason for the alleged discriminatory action. Id. And if the landlord or owner successfully articulates a non-discriminatory reason, the burden shifts back to the complainant to show that the proposed reason is pretextual. Id.

Other Sections in This Document (39)

Full Text