Proof of Discriminatory Motive in Title VII Case

Acknowledging that the "confusion is understandable," the Ninth Circuit Court of Appeals clarified the two different burdens on Title VII plaintiffs to prove discriminatory motive at the pretext stage, depending on the type of evidence plaintiff is able to offer. If a plaintiff is able to offer direct evidence of discriminatory motive at the pretext stage, the plaintiff need only offer "very little" direct evidence to create a triable issue of fact. Conversely, if the plaintiff is able to offer only circumstantial evidence of discriminatory motive, such evidence must be "specific" and "substantial" in order to create a triable issue of fact.