McDonnell Douglas Corp. v. Green

In McDonnell Douglas Corp. v. Green (1973), 411 U.S. 792, 93 S.Ct. 1817, 36 L. Ed. 2d 668, the United States Supreme Court set forth the evidentiary guidelines regarding burdens of proof in discrimination cases. The Ohio Supreme Court, in Barker v. Scovill, Inc. (1983), 6 Ohio St.3d 146, 6 Ohio B. 202, 451 N.E.2d 807, adopted that analytical framework and applied it to age discrimination actions. Wang v. Goodyear Tire & Rubber Co. (1990), 68 Ohio App.3d 13, 16, 587 N.E.2d 387. The analysis in McDonnell Douglas involves "a three-step procedure that allocates the shifting burdens of production of evidence on the parties." Id., at 16. Under this analysis, the employee must first "establish a prima facie case of age discrimination. Next, the burden of production shifts to the employer to state some legitimate non-discriminatory reasons for the employee's discharge. Finally, the burden shifts back to the employee to show that the employer's stated reasons were a pretext for age discrimination." Id., citing McDonnell Douglas and Barker, supra. The United States Supreme Court established a framework for the production of evidence in a Title VII case. Initially, the plaintiff must make a prima facie case of discrimination, which creates a presumption of discrimination. Id. at 802. The defendant must then produce evidence of a non-discriminatory reason for the action, after which the plaintiff is given the opportunity to show that the reason given is a pretext for discriminatory action. Id. at 802-04.