For a disparate treatment case involving pretext, which is the correct order of proof?

For a disparate treatment case involving pretext, which is the correct order of proof?



a. plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent
b. plaintiff's evidence supporting discriminatory intent, defendant's lawful motive, plaintiff's prima facie case
c. defendant's prima facie case, plaintiff's primary evidence of unlawful motive, defendant's rebuttal showing lawful motive
d. none of these


Answer: a. plaintiff's prima facie case, defendant's lawful motive, plaintiff's additional evidence supporting discriminatory intent


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