Anderson v. Wachovia Mortgage Corp.: The Third Circuit Correctly Applied the McDonnell Douglas Burden-Shifting Framework to Lending Discrimination
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Authors
Daly, Michael J.
Issue Date
2012
Volume
45
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|When the United States Supreme Court developed a burden-shifting framework for analyzing and adjudicating employment discrimination cases, it qualified application of the framework to a single context. In McDonnell Douglas Corp. v. Green, the Supreme Court held that in cases involving employment discrimination, courts should use a three-step analysis that shifts the burden of proof between the plaintiff and defendant to determine whether the defendant has acted in a discriminatory manner. Since then, courts have extended the use of the McDonnell Douglas burden-shifting framework to other contexts, such as housing and lending discrimination. Despite several courts of appeals extending the burden-shifting framework to the lending context, in Latimore v. Citibank Federal Savings Bank, the United States Court of Appeals for the Seventh Circuit declined to apply the analysis to a case of lending discrimination. |In Anderson v. Wachovia Mortgage Corp., the United States Court of Appeals for the Third Circuit disagreed with the Seventh Circuit and held it proper to apply the McDonnell Douglas burden-shift...
Description
Citation
45 Creighton L. Rev. 425 (2011-2012)
Publisher
Creighton University School of Law