Texas Department of Community Affairs v. Burdine

Background

A woman hired by a Texas state agency in 1972 worked in a training program and sought promotion to Project Director after her supervisor left. Federal funding threatened the program, and the agency reorganized. The agency’s head hired a man from another division as Project Director and discharged the woman during staff reductions. She was later rehired elsewhere in the agency with the same pay. She sued, saying the refusal to promote and the firing were based on her sex. A federal trial judge found no discrimination; the court of appeals partly reversed, saying the employer had to prove its reasons by a preponderance and show comparative qualifications.

Reasoning

The central question was what an employer must do once an employee makes an initial showing that raises an inference of discrimination (a “prima facie” case). The Court said the employer’s obligation is a burden of production: it must clearly state and produce admissible evidence of legitimate, nondiscriminatory reasons for the action. The employer does not have to persuade the court by proving those reasons more likely than not, nor must it produce objective comparative proof that the person kept was better qualified. The employee, however, keeps the ultimate burden of persuading the court that intentional discrimination occurred, including by showing the employer’s reasons are a pretext.

Real world impact

Lower courts must apply this standard: employers should present clear, specific explanations for hiring and firing decisions, but they are not required to prove those reasons or supply formal comparative data. Employees still must prove intentional discrimination to win.