Cite as: 509 U. S. 502 (1993)
Opinion of the Court
introduces such testimony, or even the testifying employee himself, becomes a liar and a perjurer when the testimony is not believed, is nothing short of absurd.
Undoubtedly some employers (or at least their employees) will be lying. But even if we could readily identify these perjurers, what an extraordinary notion, that we "exempt them from responsibility for their lies" unless we enter Title VII judgments for the plaintiffs! Title VII is not a cause of action for perjury; we have other civil and criminal remedies for that. The dissent's notion of judgment-for-lying is seen to be not even a fair and evenhanded punishment for vice, when one realizes how strangely selective it is: The employer is free to lie to its heart's content about whether the plaintiff ever applied for a job, about how long he worked, how much he made—indeed, about anything and everything except the reason for the adverse employment action. And the plaintiff is permitted to lie about absolutely everything without losing a verdict he otherwise deserves. This is not a major, or even a sensible, blow against fibbery.
The respondent's argument based upon the employer's supposed lying is a more modest one: "A defendant which unsuccessfully offers a 'phony reason' logically cannot be in a better legal position [i. e., the position of having overcome the presumption from the plaintiff's prima facie case] than a defendant who remains silent, and offers no reasons at all for its conduct." Brief for Respondent 21; see also Brief for United States as Amicus Curiae 11, 17-18. But there is no anomaly in that, once one recognizes that the McDonnell Douglas presumption is a procedural device, designed only to establish an order of proof and production. The books are full of procedural rules that place the perjurer (initially, at least) in a better position than the truthful litigant who makes no response at all. A defendant who fails to answer a complaint will, on motion, suffer a default judgment that a deceitful response could have avoided. Fed. Rule Civ. Proc. 55(a). A defendant whose answer fails to contest critical
521
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