§ 2000e-2

Citation: § 2000e-2
Parent Document: Abril-Rivera v. Johnson, 806 F.3d 599 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-17
Original Source: https://www.courtlistener.com/opinion/3155371/abril-rivera-v-johnson/ ↗

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If the defendant fails in its efforts to counter
      the plaintiff's prima facie case, then the factfinder is
      entitled—though not necessarily compelled, to enter
      judgment for the plaintiff. On the other hand, even if
      the defendant stalemates the prima facie case by
      elucidating a legitimate, nondiscriminatory rationale
      for utilizing the challenged practice, the plaintiff may
      still prevail if she is able to establish that the
      professed rationale is pretextual. The plaintiff might
      demonstrate, for example, that some other practice,
      without a similarly undesirable side effect, was
      available and would have served the defendant's
      legitimate interest equally well. Such an exhibition
      constitutes competent evidence that the defendant was
      using the interdicted practice merely as a 'pretext' for
      discrimination.

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