Apr 22 2008
McDonnel Douglas/Burdine Framework Criticized
This case states what I and others have long believed: the McDonnell Douglas requirement of a prima facie case is really nothing more these days than an unnecessary distraction. This case is therefore significant because not only does it state that conclusion so bluntly, but also because it was joined both by Chief Judge Ginsburg of the D.C. Circuit and by labor law judge extraordinaire, Harry Edwards.
We’ll see if this gains any steam. California’s jury instructions and case law have already mostly relegated that framework to motion practice, but it’s still there.
There are also some interesting comments at the above link.
