What must a plaintiff demonstrate in order to establish a prima facie case of disparate treatment under the McDonnell Douglas Test?

To establish a prima facie case of disparate treatment under the McDonnell Douglas Test, a plaintiff must demonstrate membership in a protected group and qualifications for the position or opportunity in question. This requirement is fundamental because it sets the stage for proving that discrimination may have occurred.

Being a member of a protected group (such as race, gender, age, disability, etc.) is essential as it establishes a basis for claiming that discriminatory practices may have affected the plaintiff’s employment opportunities. Additionally, showing qualifications for a position indicates that the plaintiff was a viable candidate for the employment opportunity in question, thereby supporting the argument that any adverse action taken against them may have been motivated by discriminatory animus rather than their competence or suitability for the job.

In this context, the other options do not sufficiently establish the necessary elements to demonstrate disparate treatment as per the McDonnell Douglas Test. Employment history and references, while important for job applications, do not directly relate to proving discrimination. Similarly, employment offers and salary expectations, as well as work experience and training certificates, focus more on the specifics of a job offer rather than on the legality of the treatment based on protected characteristics. Hence, demonstrating membership in a protected group and qualifications is crucial for establishing the prima facie requirement in