St. Mary's Honor Center v. Hicks, 509 U.S. 502, 12 (1993)

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Cite as: 509 U. S. 502 (1993)

Opinion of the Court

denied, 484 U. S. 924 (1987); King v. Palmer, 250 U. S. App. D. C. 257, 260, 778 F. 2d 878, 881 (1985) (same); Duffy v. Wheeling Pittsburgh Steel Corp., 738 F. 2d 1393, 1395-1396 (CA3) (same), cert. denied, 469 U. S. 1087 (1984); Lopez v. Metropolitan Life Ins. Co., 930 F. 2d 157, 161 (CA2) (same) (dictum), cert. denied, 502 U. S. 880 (1991); Caban-Wheeler v. Elsea, 904 F. 2d 1549, 1554 (CA11 1990) (same) (dictum); Thornbrough v. Columbus & Greenville R. Co., 760 F. 2d 633, 639-640, 646-647 (CA5 1985) (same) (dictum). We mean to answer the dissent's accusations in detail, by examining our cases, but at the outset it is worth noting the utter implausibility that we would ever have held what the dissent says we held.

As we have described, Title VII renders it unlawful "for an employer . . . to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U. S. C. § 2000e- 2(a)(1). Here (in the context of the now-permissible jury trials for Title VII causes of action) is what the dissent asserts we have held to be a proper assessment of liability for violation of this law: Assume that 40% of a business' work force are members of a particular minority group, a group which comprises only 10% of the relevant labor market. An applicant, who is a member of that group, applies for an opening for which he is minimally qualified, but is rejected by a hiring officer of that same minority group, and the search to fill the opening continues. The rejected applicant files suit for racial discrimination under Title VII, and before the suit comes to trial, the supervisor who conducted the company's hiring is fired. Under McDonnell Douglas, the plaintiff has a prima facie case, see 411 U. S., at 802, and under the dissent's interpretation of our law not only must the company come forward with some explanation for the refusal to hire (which it will have to try to confirm out of the

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