Reference no: EM132306484

Due to financial problems, Simmons Corp. instructs its division heads to cut costs within their divisions. Brett, the head of the sales division, fires Jimmy after receiving this directive. Jimmy is Jewish. Brett does not fire anyone else from the sales division, and Jimmy was the only Jewish employee in the division.

Brett says that he discharged Jimmy because of the directive to cut costs. Brett explains that Jimmy had the highest salary among all employees in the division, and therefore firing him saved more money than laying off a lower-paid employee.

Jimmy says that he had more seniority at the company than anyone else employed in the sales division. He has documents showing that on all past occasions (10 times) when Brett had to cut costs, he had laid off the division employees who had the lowest seniority within the company.

The McDonnell-Douglas Test for Intentional Discrimination Claims

(1) Plaintiff must make a prima facie case of discrimination

Prima facie case has 4 parts, all of which must be met by plaintiff:

(1) Plaintiff is member of protected class

(2) Plaintiff is qualified for the job in question

(3) Plaintiff suffered an adverse employment action

(4) Persons who are not members of the protected class did not suffer the adverse employment action

(2) If plaintiff makes the prima facie case, employer must respond by articulating a legitimate non-discriminatory reason for the action it took against the plaintiff

(3) If employer gives such a reason, the plaintiff must present evidence that indicates the reason is a pretext—not the truth.

If there’s evidence of pretext, then the conclusion is that the employer’s intent was to discriminate against the plaintiff, and plaintiff’s case should not be dismissed. If plaintiff fails to present such evidence, the case must be dismissed.