Question

(T/F)Circumstantial evidence cannot be used to prove a claim of disparate treatment discrimination under Title VII because a plaintiff can only prove such a claim with direct evidence of discrimination.

Answer 1

The statement is false; both direct and circumstantial evidence are permissible in proving discrimination under Title VII. Plaintiffs may use circumstantial evidence to substantiate claims of disparate treatment, and the courts will consider all evidence presented to determine if it supports the claim.

Step-by-step explanation:

The statement that circumstantial evidence cannot be used to prove a claim of disparate treatment discrimination under Title VII is false. Both direct and circumstantial evidence can be valid in proving discrimination claims. The plaintiff may present circumstantial evidence that suggests a pattern of conduct by the employer that could infer discrimination based on race, color, religion, sex, or national origin.

In cases of alleged discrimination, the courts will evaluate the evidence presented, whether it is direct or circumstantial, to determine if it substantiates the claim of disparate treatment. Successful disparate treatment claims do not strictly require direct evidence of discrimination; instead, the totality of the evidence must point to the discriminatory motive.