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Is McDonnell Douglas in for a Bumpy Ride?
The long-standing practice of resolving Title VII indirect discrimination claims through summary judgment using the McDonnell-Douglas framework has recently come under fire. For nearly 40 years, employers and employment attorneys have relied on the framework created by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) to resolve indirect discrimination claims. But a recent decision from the Seventh Circuit has raised concern over the permanence of McDonnell Douglas. See Coleman v. Donahoe, 667 F.3d 835 (7th Cir. 2012).
Judge Diane Wood's concurrence in Coleman calls into question McDonnell Douglas's utility, and proposes an alternative standard for deciding employment discrimination claims. While the simplicity of the proposed standard is appealing, change is unlikely to come quickly. In fact, appellate courts are still broadening the scope of McDonnell Douglas, which is ' and for the foreseeable future will likely continue to be ' the accepted standard for deciding indirect employment discrimination claims through summary judgment.
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