St. Mary's Honor Center v. Hicks, 509 U.S. 502, 22 (1993)

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

Opinion of the Court

as its reason for the dismissal at issue here, incompetence of the employee.") Of course it does not work like that. The reasons the defendant sets forth are set forth "through the introduction of admissible evidence." Burdine, 450 U. S., at 255. In other words, the defendant's "articulated reasons" themselves are to be found "lurking in the record." It thus makes no sense to contemplate "the employer who is caught in a lie, but succeeds in injecting into the trial an unarticulated reason for its actions." Post, at 540, n. 13 (emphasis added). There is a "lurking-in-the-record" problem, but it exists not for us but for the dissent. If, after the employer has met its preliminary burden, the plaintiff need not prove discrimination (and therefore need not disprove all other reasons suggested, no matter how vaguely, in the record) there must be some device for determining which particular portions of the record represent "articulated reasons" set forth with sufficient clarity to satisfy McDonnell Douglas— since it is only that evidence which the plaintiff must refute. But of course our McDonnell Douglas framework makes no provision for such a determination, which would have to be made not at the close of the trial but in medias res, since otherwise the plaintiff would not know what evidence to offer. It makes no sense.

Respondent contends that "[t]he litigation decision of the employer to place in controversy only . . . particular explanations eliminates from further consideration the alternative explanations that the employer chose not to advance." Brief for Respondent 15. The employer should bear, he contends, "the responsibility for its choices and the risk that plaintiff will disprove any pretextual reasons and therefore prevail." Id., at 30 (emphasis added). It is the "therefore" that is problematic. Title VII does not award damages against employers who cannot prove a nondiscriminatory reason for adverse employment action, but only against employers who are proven to have taken adverse employment

523

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