4.440 McDonnell Douglas burden shifting - Ultimate burden remains at all times on plaintiff

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	Disclaimer: The Treatise is based upon federal appellate court decisions from 1996 to 2008. We are currently in the process of updating the Treatise. Until that update is complete, it is possible that certain cases cited in the Treatise may no longer represent current law. ------------------------- Chapter 4 - Proving Disparate Treatment Discrimination 4.400 Indirect method of proof / McDonnell Douglas burden shifting analysis 4.440 Ultimate burden remains at all times on plaintiff At all times, the plaintiff bears the ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against her. See Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981).* ____________________ * Fasold v. Justice, 409 F.3d 178 (3d Cir. 2005) (ADEA action).


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