Caldwell

This case presents the sometimes knotty question of the proper application of the “shifting burdens of proof” applicable to employment discrimination cases as first set forth in McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 [ 36 L.Ed.2d 668 , 93 S.Ct. 1817 ] (hereafter, McDonnell Douglas). Due to the confusion which is attendant to application of this legal concept in various trial and pretrial proceedings, we discuss its purpose and use at length below.

Plaintiff Richard Caldwell (Caldwell) sued Paramount Unified School District (the District) for breach of contract, race and age discrimination in violation of the Fair Employment and Housing Act, and wrongful termination in violation of public policy. A jury returned a special verdict in favor of the District on the race and age discrimination claims, and determined that Caldwell had breached his contract of employment with the District. Caldwell brought a motion for new trial and for judgment notwithstanding the verdict. The trial court granted the former motion and denied the latter. The District appeals the order granting Caldwell a new trial, while Caldwell appeals the denial of his motion for judgment…