Prima Facie Case
A prima facie case is the minimum showing an employee has to make at the first step of a discrimination claim to keep the case alive. Latin for "at first sight," it is not the full case, just enough evidence to shift the burden to the employer to explain itself.
KEY TAKEAWAYS
- A prima facie case is the minimum showing at step one of McDonnell Douglas; courts call it "minimal" or "de minimis."
- Four elements: protected class membership, qualified for the role, suffered an adverse employment action, and circumstances supporting an inference of discrimination.
- The standard does not prove discrimination, it just shifts the burden of production to the employer to explain its decision.
- FEHA filing window is three years to the CRD; Title VII is 300 days to the EEOC in California, 90 days to federal court after right-to-sue.
In employment discrimination, the four traditional elements come from McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792:
1. The employee belongs to a protected class (race, sex, age 40+, disability, religion, national origin, sexual orientation, pregnancy). 2. The employee was qualified for the position. 3. The employee suffered an adverse employment action (firing, demotion, denial of promotion, material change in duties). 4. Circumstances support an inference of discrimination, often by showing a similarly situated employee outside the protected class was treated more favorably.
The standard is not high. California courts call it "minimal" because the prima facie case only raises an inference, it does not prove discrimination. The real fight in most cases is at the pretext step.
Example: A pregnant office manager applies for an internal promotion. She has six years of consistent "exceeds" reviews. The role goes to a non-pregnant colleague hired two years ago with weaker reviews. Those four facts (protected class: pregnancy; qualified: six years of strong reviews; adverse action: denial of promotion; comparator: weaker colleague got the job) clear the prima facie bar under FEHA at Gov. Code §12940(a).
Filing window stays the same: three years to the CRD, 300 days to the EEOC. A California pregnancy discrimination lawyer can confirm whether your facts hit all four elements.
From our practice: Most cases that lose at the prima facie stage lose on the fourth element. The qualified employee got passed over, but the comparator data was missing, or the adverse action looked too minor on paper. We spend more intake time on comparator evidence than on any other piece of the prima facie analysis, because that is where the case almost always actually turns.
Attorney Advertising. Page reviewed by David M. Safvati, CA Bar #326605. This advertisement is the responsibility of Westview Law PC.
