If the plaintiff establishes a prima facie case, the burden then shifts to the defendant to articulate—but not prove—a legitimate, nondiscriminatory reason for its employment decision. Raytheon Co. v. Hernandez, 540 U.S. 44, 49 n.3 (2003); Reeves, 530 U.S. at 142; McDonnell Douglas Corp., 411 U.S. at 802; Haire, 719 F.3d at 363; Reed, 701 F.3d at 439 (quoting Black, 646 F.3d at 259); Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); Moss v. BMC Software, Inc., 610 F.3d 917, 922 (5th Cir. 2010). "This burden is one of production, not persuasion; it 'can involve no credibility assessment.'"
"This burden is one of production, not persuasion; it 'can involve no credibility assessment.'" Reeves, 530 U.S. at 142 (quoting St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 509 (1993), overruled in part on other grounds by Gross v. FBL Fin. Servs., Inc. 557 U.S. 167, 169-70 (2009)); accord Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); Alvarado, 492 F.3d at 611. "The [employer] must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, 'if believed by the trier of fact,' would support a finding that unlawful discrimination was not the cause of the employment action."
When direct evidence is absent, the Fifth Circuit requires that courts analyze a plaintiff's Title VII discrimination claims pursuant to a “modified, ” rather than traditional, McDonnell Douglas burden-shifting framework. See Paske v. Fitzgerald, 785 F.3d 977, 984-85 (5th Cir. 2015) (applying the “modified McDonnell Douglas” burden-shifting framework); Jenkins v. City of San Antonio Fire Dep't, 784 F.3d 263, 268 (5th Cir. 2015) (same); Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011) (same); Jackson v. Watkins, 619 F.3d 463, 466 (5th Cir. 2010) (same); Burrell v. Dr. Pepper/Seven Up Bottling Grp., Inc., 482 F.3d 408, 411-12 (5th Cir. 2007) (same); Rachid v. Jack In The Box, Inc., 376 F.3d 305, 312 (5th Cir. 2004) (same). See also Hammond v. Jacobs Field Servs., 499 Fed.Appx. 377, 382 (5th Cir. 2012) (“The district court appears to have applied the McDonnell Douglas framework in ruling on Hammond's Title VII racial discrimination claim.
If Aurora satisfies its burden, “the presumption of discrimination disappears.” Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011) (citing David v. Dall. Area Rapid Transit, 838 F.3d 309, 317 (5th Cir. 2004)).
It is "unlawful for an employer to fire an employee because of the employee's race." Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011) (citing 42 U.S.C. § 2000e-2(a)(1)). This court applies "the modified McDonnell Douglas approach in racial discrimination cases under Title VII."
“This burden is one of production, not persuasion; it ‘can involve no credibility assessment.’ ” Reeves, 530 U.S. at 142, 120 S.Ct. 2097 (quoting St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 509, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993), overruled in part on other grounds byGross v. FBL Fin. Servs., Inc. 557 U.S. 167, 169–70, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009)); accordVaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011); Alvarado, 492 F.3d at 611. “The [employer] must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, ‘ if believed by the trier offact,’ would support a finding that unlawful discrimination was not the cause of the employment action.”
"This burden is one of production, not persuasion; it 'can involve no credibility assessment.'" Reeves, 530 U.S. at 142 (quoting St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 509 (1993), overruled in part on other grounds by Gross v. FBL Fin. Servs., Inc. 557 U.S. 167, 169-70 (2009)); accord Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); Alvarado, 492 F.3d at 611. "The [employer] must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, 'if believed by the trier of fact,' would support a finding that unlawful discrimination was not the cause of the employment action."
In Title VII and retaliation cases, “if the defendant meets its burden of production, the plaintiff must then offer sufficient evidence to create a genuine issue of material fact that either (1) the employer's reason is a pretext or (2) that the employer's reason, while true, is only one of the reasons for its conduct, and another motivating factor is the plaintiff's protected characteristic. Burrell, 482 F.3d at 412 (internal quotation marks omitted); see also Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir.2011) (stating that if the employer sustains its burden, the prima facie case dissolves, and the burden shifts back to the plaintiff to establish either: (1) that the employer's proffered reason is not true but is instead a pretext for discrimination; or (2) that the employer's reason, while true, is not the only reason for its conduct, and another “motivating factor” is the plaintiff's protected characteristic (quoting Rachid v. Jack in the Box, Inc., 376 F.3d 305, 312 (5th Cir.2004))). A plaintiff may establish pretext by showing that the employer's “proffered explanation is false or ‘unworthy of credence.’ ”
"This burden is one of production, not persuasion; it 'can involve no credibility assessment.'" Reeves, 530 U.S. at 142 (quoting Hicks, 509 U.S. at 509); accord Vaughn v. Woodforest Bank, 665 F.3d 632, 636 (5th Cir. 2011); Alvarado, 492 F.3d at 611. "The [employer] must clearly set forth, through the introduction of admissible evidence, reasons for its actions which, 'if believed by the trier of fact,' would support a finding that unlawful discrimination was not the cause of the employment action."
Laxton , 333 F.3d at 578. Turning to the summary-judgment record, we see two items of evidence that "cast[ ] doubt on the credence," Brown , 969 F.3d at 578, of the proffered reason and suggest that "sleeping on the job" was not "the real reason," Vaughn v. Woodforest Bank , 665 F.3d 632, 637 (5th Cir. 2011), for firing Watkins. First, the record reflects that "sleeping on the job" is not an infraction that results in termination.