Question 2 (10 points) Under Title VIl of the Civil Rights Act of 1964, which of

Question

Question 2 (10 points) Under Title VIl of the Civil Rights Act of 1964, which of the following occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge? a) The plaintiff wins by default judgment or by summary judgment. b) The burden of proof shifts to the employer-defendant to articulate a legitimate, nondiscriminatory business reason for the discharge. c) The burden of proof shifts to the employer-defendant to establish beyond reasonable doubt that the alleged discrimination did not occur. d) The burden of proof remains with the employee-plaintiff to prove discrimination beyond reasonable doubt, the standard of proof in a disparate-treatment case. e) The burden of proof remains with the employee-plaintiff to establish damages to a reasonable degree of evidentiary certainty.

Explanation / Answer

c) The burden of proof shifts to the employer-defendant to articulate a legitimate, nondiscriminatory business reason for the discharge which occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate treatment discrimination in employment in the form of an illegal discharge.

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