United States Seventh Circuit

When a plaintiff does not show that his performance met his employer's legitimate expectations, but meets the other criteria for a prima facie case of employment discrimination and demonstrates that the employer's legitimate expectations were themselves pretextual, merger analysis, whereby the prima facie case is subsumed into one of establishing pretext under McDonnell Douglas's third prong, is appropriate.

Appellate Information

• Decided 03/25/2002
• Published 03/25/2002

Judges

Court

• United States Seventh Circuit

Counsel