The next case worth mentioning is Quesada v. County of Los Angeles, et al., (Second Appellate District, Nov. 19, 2024), which discusses the burden shifting approach of McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, as adopted in California in Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317.
Mr. Quesada was a sheriff’s officer who was denied promotion. He sued, alleging that the department denied his promotion based on a prior investigation that it was not permitted to rely upon. Quesada claimed that the court should have employed the burden shifting approach from McDonnell Douglas in order to analyze his claim.
The Court of Appeal disagreed. McDonnell Douglas pertains to racial discrimination and would apply only where a protected class is implicated. Here, Quesada did not allege any wrongdoing based on his belonging to a protected class. Law enforcement officers who seek to be promoted are not members of a class that has been historically discriminated against. The upshot of this case is: the McDonnell Douglas burden shifting approach is strictly limited only to claims that implicate a historically protected class.
