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    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 […]

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