In an individual disparate treatment case, the burden of proof and/or production shifts between plaintiff and defendant.

St. Mary's Honor Center v. Hicks, 509 U.S. 502, 506 (1993).Plaintiff must show a prima facie case to survive a motion to dismiss.

42 U.S.C. § 2000e-2.It shall be an unlawful employment practice for an employer - (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

42 U.S.C. § 2000e-2(a).It is unlawful to discriminate on the basis of race.