FeaturedFederal LawSupreme Court
McDonnell Douglas: The Fatal Flaw of the Burden-Shifting Test
October 27, 2026By Vito Crichigno
For over half a century, the McDonnell Douglas framework has dictated whether workplace discrimination claims survive summary judgment and reach a jury. On October 5, 2026, the Supreme Court denied two petitions that questioned whether this aging standard still belongs in modern employment law.[i] Over the years, a growing number of attorneys and circuit court […]