## Facts

- Christine M. Sweeney, a female employee/applicant at a New Hampshire state college, alleged Title VII disparate-treatment discrimination based on a denied promotion.
- The employer was the Board of Trustees of Keene State College and related defendants.
- The First Circuit treated the post–prima facie burden as requiring the employer to prove the absence of discriminatory motive.
- The Supreme Court reviewed whether the First Circuit applied the correct burden-shifting standard under Title VII.

## Issues

1. After a plaintiff establishes a prima facie case under the McDonnell Douglas framework, must the employer prove the absence of discriminatory motive, or is it sufficient to articulate a legitimate, nondiscriminatory reason for the challenged action?
2. Whether the court of appeals imposed a heavier employer burden than permitted by controlling Title VII precedent.

## Decision

- The Supreme Court vacated the First Circuit’s judgment and remanded for reconsideration in light of Furnco Construction Co. v. Waters.
- The Court stated that to respond to a prima facie showing, the employer need only articulate a legitimate, nondiscriminatory reason for the adverse action.
- The Court concluded the First Circuit appeared to require more than articulation by treating the employer’s burden as proving absence of discriminatory motive.
- Justice Stevens dissented, joined by Justices Brennan, Stewart, and Marshall, objecting to the summary vacatur and remand.

## Legal Principles

- In the McDonnell Douglas framework, the employer’s second-stage burden is one of production: articulating a legitimate, nondiscriminatory reason for the employment decision.
- The employer is not required at that stage to prove the absence of discriminatory motive.
- After the employer articulates a reason, the plaintiff must have a fair opportunity to show the stated reason is pretext; the ultimate burden of persuasion remains with the plaintiff.
- Appellate review must apply the articulation standard confirmed in Furnco, not a heightened proof requirement for the employer.

## Conclusion

The Court clarified that, following a prima facie Title VII showing, an employer satisfies its rebuttal burden by articulating a legitimate, nondiscriminatory reason, and it vacated and remanded because the court of appeals appeared to require the employer to prove no discriminatory motive.


Bd. of Trs. of Keene State Coll. v. Sweeney, 439 U.S. 24 (1978)