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...yer to show that the plaintiff's treatment did not result from discrimination ...iscrimination not protected by the California constitution. McDonnell Doug...

... 17), such as a younger employee in the case of age discrimination (18), or the position remained open (19) . Once the plaintiff establishes a prima facie case of discrimination, the burden is shifted to the employer to show that the plaintiff's treatment did not result from discrimination (20) . The employer can attempt to prove non-discriminatory reasons for the action. The employer's reasons might not be accepted if the court finds discrimination based on statistics plus other evidence supporting the plaintiff's argument that the real reason was discrimination ... women, are discriminated against in hiring or promotion. For example, major insurance carriers have faced charges that women were discriminated against in receiving agency appointments or promotions. Settlements of such class actions have run in the millions of dollars. Some Examples St. Mary Honor Center v. Hicks (27) concerned a discharged minority halfway-house employee. He contended that he was a minority who was demoted and discharged, and replaced by a non-minority, which the Court said established a prima facie case of discrimination. The employer gave reasons, ... the district court ruled false. However, the lower court also found there was insufficient evidence to show the real reason was discrimination. The U.S. Supreme Court upheld the lower Court's decision-but also said that a prima facie case by the employee, coupled with disbelief of the reasons given by the employer (particularly if they seemed to be fabrications), could in certain situations be sufficient to prove a cause of action for discrimination, but this circumstance did not compel a judgment for the plaintiff. Another example of how a dismissal can ...