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# That the complainant was subject to adverse employment action;
# That the complainant was subject to adverse employment action;
# That the complainant was treated more harshly than others not in a protected class;
# That the complainant was treated more harshly than others not in a protected class;
If a complainant is able to establish a ''prima facie'' case of discrimination, the burden switches to the employer to prove that s/he had a legitimate, non-discriminatory purpose for taking the adverse employment action.
If an employer makes the above showing, the burden shifts back to the complainant to show that the alleged non-discriminatory purpose is mere pretext for discrimination.
Because attorney fees are awarded to successful plaintiffs, there is much litigation in this field.
Because attorney fees are awarded to successful plaintiffs, there is much litigation in this field.