Employment Litigation · Primary-source case analysis

Aikens: After a Full Trial, Decide Discrimination—Not the Prima Facie Checklist

By Aneeta Mishra and Timothy Chan

Published May 16, 2026

Decision: United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711 (1983).

United States Postal Service Board of Governors v. Aikens reviewed a Title VII judgment after the parties had presented the full evidentiary record.

The employer had produced an explanation

Once a legitimate reason was placed in the record, any presumption arising from the prima facie case no longer controlled the ultimate decision.

The full trial supplied the relevant evidence

The factfinder had testimony and circumstantial proof from both sides and did not need to return to preliminary burden-shifting formalities.

Intent was the central factual question

The court had to determine whether the employer intentionally discriminated, including whether its explanation was credible.

The case was remanded for the proper inquiry

The Court rejected reliance on a supposed failure to establish the prima facie case after the merits had already been tried.

Key takeaways

• Use burden shifting to organize evidence, not replace the ultimate issue.
• After the employer explains its decision, test credibility and pretext directly.
• Evaluate the entire record after trial.
• Frame proposed findings around intentional discrimination.