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Student Publications Homepage
ARTICLE CONTENTS
[Pages 1295-1322]
TOP OF ARTICLE
Introduction
I. The Elements of Employment Discrimination As Set Forth In McDonnell Douglas Corp. v. Green
A. Title VII Evidentiary Framework
B. Title VII Prima Facie Case
II. Federal Appellate Courts’ Treatment of Replacement Identity in Title VII Discriminatory Discharge Suits
A. Replacement Requirement: An Element of the Prima Facie Case
B. Replacement Requirement: Not Dispositive
C. Replacement Identity: A Consideration
D. Replacement Requirement: Inconsistent with Title VII
III. United States Supreme Court’s Treatment of the Replacement Requirement
IV. Analysis: The Identity of Plaintiff’s Replacement Is Not a Valid Consideration at Any Point in the Evidentiary Framework
A. Replacement Identity’s Lack of Probative Value Is More Relevant in Plaintiff’s Ultimate Burden
B. Reasons for Excluding Replacement Identity from Prima Facie Case Support Exclusion of Consideration from Plaintiff’s Entire Case
C. Distinctions Based on Protected Class Are Artificial and Irrelevant
Conclusion
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