What is a “prima facie” case of discrimination?
A “prima facie” case of discrimination is the first step in what is known as the McDonnell-Douglas burden-shifting analysis. “Prima facie” generally means “at first look” or “at first appearance”. Generally, the “prima facie” case is the same for most legal claims of discrimination. First, you must show that you are a member of the protected group (race, age, sex, etc.). Second, you must show that you suffered an “adverse action”. Third, you must show some surface nexus between the first two elements. Most claims fail at this stage, either because the Complainant could not show the basic nexus required, or, more typically, because there was no adverse action. An adverse action is something that, essentially, affects the terms or conditions of employment.