Honor Center v. Hicks. First, a plaintiff must establish a prima facie case of discrimination. Satisfying that requirement is not too difficult. For example, in McDonnell Douglas, the Court held that the plaintiff could meet his burden by showing that he belonged to a group protected under Title VII, that he applied for a job opening with the defendant and was rejected, and that the position remained open after his rejection. ôEstablishment of the prima facie case in effect creates a presumption that the employer unlawfully discriminated against the employee.ö
The onus then shifts to the employer, which must respond with a legitimate, nondiscriminatory reason for its actions. Failure to respond will likely result in summary judgment for the plaintiff. ôIf the trier of fact believes the plaintiff's evidence, and if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff because no issue of fact remains in the case.ö If the employer responds with a legitimate,
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