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Essay text:
job remained open, or hired someone else?if succeed?burden shifted to defendant
b. Legitimate/nondiscriminatory reason
i. defendant needs to provide enough evidence (legitimate) as to their actions?then shifted back to plaintiff
c. Prove reason is pretext ? jury can file for plaintiff = plaintiff wins (show pretext, you win. Don't need discrimination at all)
2. Hicks
a. pretext is not enough
b. need pretext + some evidence of discrimination ? pretext can infer discrimination?but still need direct evidence. (nowadays, standards is at Hicks)
MIXED MOTIVE (Price Waterhouse)
legitimate or illegitimate (both parties have burden of proof)
1...
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