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Proving workplace discrimination

Jiang v. City of Tulsa

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Hua Jiang asks the Supreme Court whether a Title VII plaintiff using indirect evidence must follow McDonnell Douglas’s three-step test to keep a job-discrimination claim from being ended before trial, or may rely on all the evidence to show intentional discrimination.
What's at stake
Jiang's petition asks whether he can use the full record to seek a jury finding of intentional discrimination without first completing each step of the test.

Summary: written with AI from the case record.

What it's about

The petition also asks whether the test should be overruled or not used at that stage.

Courts of appeals regularly use the test before trial, but disagree about whether plaintiffs relying on circumstantial evidence must use it.

Question presented

1. Whether a Title VII plaintiff relying on circumstantial evidence must satisfy the three-step framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), to survive summary judgment, or may instead establish a triable claim by showing that the evidence as a whole would permit a reasonable jury to find intentional discrimination. 2. Whether McDonnell Douglas should be overruled or held inapplicable at summary judgment in Title VII cases.

What happens next

The Court must decide whether to hear the petition. No oral argument or decision window is set before the Court agrees to hear it.

Documents

2

Docket activity

6
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Nov 2, 2026 · Court records

Show 1 more
  • Court Order added: Lower Court Orders/Opinions

    Sep 22, 2026 · Court records

More questions

1
Has the Supreme Court already ruled on whether the test applies before trial?
No. In 2025, the Court assumed the test applied at that stage but did not decide the question.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis