St. Mary's Honor Center v. Hicks, 509 U.S. 502, 32 (1993)

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

Souter, J., dissenting

"unworthy of credence," the Court of Appeals properly concluded that he was entitled to judgment.9 970 F. 2d, at 492.

The Court today decides to abandon the settled law that sets out this structure for trying disparate-treatment Title VII cases, only to adopt a scheme that will be unfair to plaintiffs, unworkable in practice, and inexplicable in forgiving employers who present false evidence in court. Under the majority's scheme, once the employer succeeds in meeting its burden of production, "the McDonnell Douglas framework . . . is no longer relevant." Ante, at 510. Whereas we said in Burdine that if the employer carries its burden of production, "the factual inquiry proceeds to a new level of specificity," 450 U. S., at 255, the Court now holds that the further enquiry is wide open, not limited at all by the scope of the employer's proffered explanation.10 Despite the Court's assiduous effort to reinterpret our precedents, it remains clear that today's decision stems from a flat misreading of Burdine and ignores the central purpose of the McDonnell Douglas framework, which is "progressively to sharpen the inquiry

9 The foregoing analysis of burdens describes who wins on various combinations of evidence and proof. It may or may not also describe the actual sequence of events at trial. In a bench trial, for example, the parties may be limited in their presentation of evidence until the court has decided whether the plaintiff has made his prima facie showing. But the court also may allow in all the evidence at once. In such a situation, under our decision in Aikens, the defendant will have to choose whether it wishes simply to attack the prima facie case or whether it wants to present nondiscriminatory reasons for its actions. If the defendant chooses the former approach, the factfinder will decide at the end of the trial whether the plaintiff has proven his prima facie case. If the defendant takes the latter approach, the only question for the factfinder will be the issue of pretext. Postal Service Bd. of Governors v. Aikens, 460 U. S. 711, 715 (1983); see ante, at 510, n. 3.

10 Under the Court's unlikely interpretation of the "new level of specificity" called for by Burdine (and repeated in Aikens, see 460 U. S., at 715), the issues facing the plaintiff and the court can be discovered anywhere in the evidence the parties have introduced concerning discriminatory motivation. Ante, at 516.

533

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