The McDonnell Douglas burden-shifting test applied in race discrimination in employment cases does not apply to a policeman’s mandate petition seeking to compel the department to grant him a promotion and complaining not of racial or ethnic discrimination but rather of the fact that the department considered evidence of misconduct from a disciplinary proceeding against him which had been terminated for failure to complete the proceeding by the time deadline. The policy factors favoring the McDonnell Douglas test to promote rights of traditionally downtrodden races, ethnicities, etc. don’t apply to a policeman’s challenge to denial of promotion, and instead the public’s interest in an excellent police force take precedence.