Source: cases/42usc2000e-2/ELEMENTS
# 42 U.S.C. § 2000e-2 (Title VII, unlawful employment practices) -- provisional element vocabulary. employer defendant is a covered "employer" / employment agency / labor organization; plaintiff an employee or applicant protected-class "race, color, religion, sex, or national origin" -- the trait relied on qualified prima facie: plaintiff qualified / performing satisfactorily adverse-action "fail or refuse to hire or to discharge ... or otherwise to discriminate ... with respect to ... compensation, terms, conditions, or privileges of employment" because-of "because of" the trait: causation/intent (inference of discrimination, comparators, direct evidence) employer-reason McDonnell Douglas step 2: legitimate nondiscriminatory reason articulated (burden of production) pretext McDonnell Douglas step 3: the reason is pretext for discrimination motivating-factor (m) mixed motive: trait was "a motivating factor" hostile-environment harassment altering "terms, conditions" (severe or pervasive; employer liability) impact (k) disparate impact: particular practice causes disparate impact; sub: impact.business-necessity, impact.alternative retaliation (§2000e-3, when decided together with a 2000e-2 claim)