The Future of Summary Judgment in Employment Discrimination Claims

The Supreme Court has been asked to review a case that could create serious implications for how employment discrimination cases achieve summary judgment. In a petition now before the Supreme Court, the court has been asked to reconsider the decades-old McDonnell Douglas framework, which is used by courts to evaluate employment discrimination and retaliation claims when there may not be direct evidence of discrimination.



Since 1973, the McDonnell Douglas framework has determined wins and losses in employment discrimination lawsuits. This framework is used in cases of discrimination claims when a plaintiff does not have direct evidence of discrimination.

What is the McDonnell Douglas Framework?

In some discrimination cases, there may not be direct evidence of discriminatory intent. In these cases, plaintiffs rely on circumstantial evidence, and in these cases, courts will apply the McDonnell Douglas framework. The framework has three steps:


  1. The employee must establish a prima facie case of discrimination or retaliation.
  2. The employer must articulate a legitimate, nondiscriminatory or nonretaliatory reason for the employment action.
  3. The employee must show that the stated reason given by the employer was pretextual.

The Petition’s Argument

The petition argues that the McDonnell Douglas framework is not grounded in the text of Title VII. Title VII does not require a plaintiff to prove that the employer’s stated reason is entirely false, but rather it allows liability where race, sex, religion, national origin, or another protected trait was a motivating factor in the decision.

                 

In many employment disputes, more than one reason may be involved. While the employer may have a legitimate concern for an employment decision, the employee may argue that discrimination or retaliation also influenced the decision. The petition asks whether courts should focus on whether the employee disproved the employer’s reason or on whether the overall evidence could allow a jury to determine whether discrimination or retaliation was a motivating factor.

What Does This Mean for Employers?

If the Supreme Court were to take this case and limit or modify McDonnell Douglas, more discrimination and retaliation cases could achieve summary judgment. Courts may focus more heavily on some of the following information in these cases:



  • Consistent application of company policies
  • Documentation of the decision-making process
  • Whether the employer’s explanation changed over time
  • Whether the employer followed normal procedures
  • Whether similarly situated employees were treated differently
  • Whether the timing suggested a retaliatory motive

The Takeaway

This petition for certiorari does not mean that the law has changed, for now. Regardless of whether the Supreme Court takes the case, employers should continue to focus on clear, consistent, and well-documented decision-making. Before taking an adverse employment action, employers should be able to identify the specific policy, performance issue, or business reason supporting the decision and confirm that similar situations have been handled consistently.

Recent Posts

Man with glasses speaking, text in background
By Lockaby PLLC September 23, 2026
A purchase agreement turns the framework of an M&A transaction into a binding contract between the parties. Watch this video to learn the ins and outs!
Brick exterior of a house with decorative rails around a porch
By Lockaby PLLC September 18, 2026
Have you ever wondered how M&A financing works? Read our latest blog to understand the difference between cash, debt, and equity financing in M&A transactions.
Matt Lockaby discussing the parts of the letter of intent for a merger or acquisition.
By Lockaby PLLC September 16, 2026
What is the Letter of Intent? Watch our latest YouTube video where Matt Lockaby breaks down this important document found in every M&A or business transaction.
Stonework on a building done in limestone
By Lockaby PLLC September 1, 2026
For businesses, using AI in the workplace is common. Employers need to know what to include in an AI policy for their workplace. Read our blog to learn more.
By Lockaby PLLC August 24, 2026
What are common interview mistakes employers should avoid? What can you ask in an interview? Watch our video now to learn more about interviewing best practices!
A statue of a horse outside triangle park in Downtown Lexington
By Lockaby PLLC August 21, 2026
Two new DOL opinion letters clarify when employee travel is an ordinary commute and when it becomes compensable work time under the FLSA. Read on to learn more.
By Lockaby PLLC August 6, 2026
Due diligence helps buyers identify any hidden liabilities that could affect the value of the business. Read our blog to learn about five common liabilities.
Understanding Disparate Impact in 2026
By Lockaby PLLC July 28, 2026
In today’s video, Abby explains disparate impact under Title VII of the Civil Rights Act and recent developments from the EEOC and DOJ.
Trees, fencing, and grass in Kentucky
By Lockaby PLLC July 28, 2026
The U.S. Department of Labor recently released its 2026 agency rule list. Read our blog for an overview on some of the most notable items on the list for employers
A man in front of Rupp Arena with copy overlaying the image saying
By Lockaby PLLC July 21, 2026
Matt explains what earnouts are, why they are used in M&A transactions, and what should be considered before agreeing to one. Watch our YouTube video to learn more!
Show More