Weberg v. Franks
Court Decision - June 11, 2000 -
Plaintiff asserting equal protection claim against public employer, under § 1983, can make the required showing by demonstrating that race was a direct factor in the employment decision; direct evidence is that evidence which, if believed, requires the conclusion that unlawful discrimination was at least a motivating factor in the employer's actions, and the burden of persuasion then shifts to the defendant to show that it would have terminated the plaintiff's employment absent the discriminatory motive.
