• Supreme Court Lowers Plaintiff's Standard of Proof in Title VII Cases
  • July 16, 2003
  • Law Firm: Kilpatrick Stockton LLP - Atlanta Office
  • Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate against an employee on the basis of the employee's race, color, religion, sex, or national origin. Traditionally, this meant that the fact-finder in a Title VII case was asked to decide whether the plaintiff had proved by a preponderance of the evidence that the employer took the adverse employment actions because of the employee's race or sex, etc. -- a simple all-or-nothing question for which the plaintiff bore the burden of proof. Then, in 1989, the Supreme Court considered a case where there was "direct" evidence of both a lawful and an unlawful motive.