SOX Whistleblower Team Management Alert First Circuit Adopts McDonnell Douglas Burden-Shifting Analysis For False Claims Act Whistleblower Cases On February 7, 2012, the First Circuit, in Harrington v.Aggregate Industries-Northeast Region, Inc., Case No. 11-1511, adopted the McDonnell Douglas burden-shifting framework in the context of a False Claims Act (“FCA”) whistleblower Carvalho-Grevious could survive the defendants’ motion for summary judgment and proceed to trial if she could get through three separate stages of the McDonnell Douglas framework. No. Lyle W. Cayce . In the first stage, Carvalho-Grevious would bear the burden of establishing a prima facie case of discrimination. I LaBrittany Hassen worked at a large hospital called the Northern Louisiana Medical Center as a PRN nurse. satisfy the McDonnell Douglas burden-shifting framework. McDonnell Douglas burden-shifting or the McDonnell-Douglas burden-shifting framework refers to the procedure for adjudicating a motion for summary judgement under a Title VII disparate treatment claim, in particular a "private, non-class action challenging employment discrimination", that lacks direct evidence of discrimination. Id. July 31, 2019 . GlossaryMcDonnell Douglas Burden-ShiftingRelated ContentAn evidentiary framework used to analyze whether a plaintiff's disparate treatment discrimination claims should survive a defendant employer's motion for summary judgment. What Is McDonnell Douglas Burden-Shifting? Making a prima facie case under McDonnell-Douglas The landmark 1973 Supreme Court decision in McDonnell Douglas Corp. v. Green laid out a burden-shifting framework for trying discrimination cases. FILED . 375.) The McDonnell Douglas burden-shifting analysis is applied when a plaintiff lacks direct evidence of discrimination. We AFFIRM. 2 . United States Court of Appeals Fifth Circuit . Clerk . a burden of proof issue in their petitions for certiorari.2' The parties' failure to argue the burden of proof issue calls into question the Thurston Court's holding that the McDonnell Douglas test is inapplicable when the plaintiff presents direct evidence of discrimination. Once this burden is met, the defendant must then "articulate 'some legitimate, nondiscriminatory reason' for its action." (internal quotation marks omitted). The McDonnell Douglas burden-shifting test is “most useful at preliminary stages of litigation, such as summary judgment….” ( Horsford , at p. "The defendant need not persuade the court that it was actually motivated by the proffered reason[ ]. 18-30856 . But “[o]nce the case is submitted to the jury … these frameworks drop from the picture…. The court below analyzed the evidence under the burden-shifting structure of McDonnell Douglas Corp v. Green, 411 U.S. 792 (1973), in which plaintiffs must first prove a prima facie case of discrimination, and, if they do, the burden then shifts to the defendants to identify a non-discriminatory reason for their employment decision. "Under McDonnell Douglas, the plaintiff bears the initial burden of establishing a prima facie case of discrimination."Id. This Standard Clause provides model language that can be used to characterize the McDonnell Douglas burden-shifting standard in a brief supporting a motion for summary judgment. 1 The validity of the holding of the In the landmark McDonnell Douglas Corporation v.Green, 411 U.S. 792 (1973), the Supreme Court described a burden-shifting framework by which employees can prove their employers engaged in unlawful discrimination under Title VII without any “direct” evidence of discriminatory intent.The enduring aspect of this case was the Court’s description of the burden-shifting proof …