Commentary: 'Prima' Prong Punctures Pregnancy, Performance Pair

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The following article was originally published in Minnesota Lawyer, a sister publication.

MINNEAPOLIS - Claimants under federal, state and local discrimination laws generally must satisfy a three-pronged standard to overcome summary judgment. The triumvirate standard requires the claimant first to establish a prima facie case; then shifts the burden to the employer to provide a legitimate, nondiscriminatory reason for the adverse treatment; and then conveys the obligation back to the claimant to show that the proffered reasoning is pretextual.

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Commentary: 'Prima' Prong Punctures Pregnancy, Performance Pair

This burden-shifting approach is derived from federal law under McDonnell Douglas Corp. vs. Green, 411 U.S. 792 (1972), and has been adopted in Minnesota as well. See Police Dep't vs. Minneapolis Comm'n on Civil Rights, 425 N.W.2d 235 (Minn. 1980); Sigurdson vs. Isanti County, 386 N.W.2d 715 (Minn. 1986) and 448 N.W.2d 6...

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