4-D | WHAT IS THE BURDEN OF PROOF UNDER THE ADEA?

1) A plaintiff may proceed by either of two general methods to carry the burden of making his/her case:

a) A plaintiff may attempt to meet burden directly, by presenting direct or circumstantial evidence that age was a determining factor resulting in an adverse employment action.

b) A plaintiff may rely on the proof scheme for a prima facie case....” McDonnell Douglas Corp v. Green, 411 U.S. 792 (1973); Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248 (1981))

c) Most often, a plaintiff will choose the “burden shifting analysis” set forth in McDonnell Douglas

(i) The plaintiff must establish prima facie case;

(ii) The defendant must then come forward with a legitimate, nondiscriminatory reason for the adverse action; and

(iii) The plaintiff must demonstrate that the defendant’s reason is pre-textual.

d) Mixed-motive analysis

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006

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