Do you think the Court should require actual evidence of discrimination

Case Questions

1. Do you think the Court should require actual evidence of discrimination in disparate treatment cases rather than permitting an inference? What are the advantages? Disadvantages?
2. Practically speaking, is an employer’s burden really met after the employer “articulates” a legitimate nondiscriminatory reason for rejecting the employee? Explain.
3. Does the Court say that Green must be kept on in spite of his illegal activities? Discuss.