2496 In an action for employment discrimination, the employee has the burden of establishing a prima facie case of discrimination, whereupon the employer has the burden of showing a legitimate non-discriminatory basis for the employment decision, after which the employee has the burden of showing that the reason offered by the employer is a pretext, and if the employee is unable to meet that burden, summary judgment or summary adjudication for the employer may be justified.CitationNELSON v UNITED TECHNOLOGIES (Fired Firefighter) 74 CA4 597 [See: GovC 12945.2; Gantt v Sentry 1 C4 1083; Stevenson v Superior Court 16 C4 880; McDonnell Douglas v Green 411 US 792]
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