“Acknowledging he lacks direct evidence of discrimination, however, Mr. Waggoner contends, and we agree, the burden-shifting framework established by McDonnell Douglas Corp. v.( Green … (1973), applies here,” Judge Veronica S. Rossman wrote on behalf of the unanimous panel. “Under that framework, Mr. Waggoner first must establish a prima facie case of age discrimination … The burden then shifts to Frito-Lay to proffer a legitimate, non discriminatory reason for failing to promote Mr. Waggoner to the Processing Manager position.
8th Circ. Reinstates Copyright Suit for Questions on Registration Errors
The federal appellate court determined there was a factual dispute