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May 2019 Archives

Figueroa v. Pompeo, No. 18-5064 (D.C. Cir. May 10, 2019)

Federal courts seldom pause on the second stage of the McDonnell Douglas burden-shifting test, whee the employer proffers its allegedly legitimate, non-discriminatory reason for taking adverse action against an employee. But in this case, the D.C. Circuit holds that it is not enough for the employer to simply advance a facially-neutral process without showing how it was specifically applied to the employee. This case could have special application in promotion and other processes involving large numbers of people and subjective criteria.

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