A pretext is a false reason that is covering up for an employer’s true motives . ... In the employment law context, pretext means a reason for an action that is false. It is essentially something that is covering up an employer’s true actions or motives.
What’s the meaning of pretextual?
: a purpose or motive alleged or an appearance assumed in order to cloak the real intention or state of affairs. Choose the Right Synonym Example Sentences Learn More About pretext.
What are examples of pretextual?
An example of a pretext is a person saying that she is having a small family dinner at home while a group of people are waiting there to surprise her father for his birthday . A reason or excuse given to hide the real reason for something.
What is the pretext theory?
Pretext generally refers to a reason for an action which is false , and offered to cover up true motives or intentions. ... It simply requires that a plaintiff prove that the defendant’s proffered reason is pretextual. Once this is proven, the plaintiff is entitled to judgment as a matter of law.
How do you prove pretext?
There are many ways an employee can show pretext, but it is most typically done by poking holes in the Company’s asserted reason for termination in such a way that a judge or jury can (1) disbelieve the employer’s articulated legitimate reasons, or (2) believe that an invidious discriminatory reason was more likely ...
What does it mean to be restive?
1 : stubbornly resisting control : balky. 2 : marked by impatience or uneasiness : fidgety.
What is a Figament?
A figment is something formed from imaginary elements . Daydreams are figments; nightmares are figments that can seem very real. Most figments are everyday fears and hopes about small things that turn out to be imaginary.
What is a pretextual reason?
A pretext is a false reason that is covering up for an employer’s true motives . ... In the employment law context, pretext means a reason for an action that is false. It is essentially something that is covering up an employer’s true actions or motives.
What’s the difference between pretext and pretense?
Pretense is usually an unsupported claim , often about an accomplishment; it’s make-believe, a false show or profession. AP Stylebook 2014 says pretense is a more overt act intended to conceal personal feelings. Pretext, then, is often used to hide the truth, while pretense is commonly used to stretch the truth.
How do you use the word pretext?
- (as a) pretext for (doing) something The incident was used as a pretext for intervention in the area.
- on the pretext of doing something He left the party early on the pretext of having work to do.
- on a/the... ...
- The case for war was made on a false pretext.
What is the but for principle?
In the law of Negligence, a principle that provides that the defendant’s conduct is not the cause of an injury to the plaintiff, unless that injury would not have occurred except for (“but for”) the defendant’s conduct .
What is pretext discrimination?
Proving pretext means offering evidence that the employer’s proffered reason for the adverse employment action at issue is false , phony or a sham. ... In short, any evidence that shows that the employer is not administering discipline in an evenhanded and non-discriminatory manner may demonstrate pretext.
What is disparate treatment?
Disparate treatment refers to intentional discrimination , where people in a protected class are deliberately treated differently. This is the most common type of discrimination. An example would be an employer giving a certain test to all of the women who apply for a job but to none of the men.
How do you prove pretext for discrimination?
As we discussed here, there are numerous ways in which pretext for discrimination may be inferred. One important, often overlooked, way to demonstrate pretext is by challenging the veracity or reasonableness of the employer’s business judgment for taking the adverse action in question.
What is a legitimate nondiscriminatory reason?
The Employer’s Legitimate, Nondiscriminatory Reason
Typically, the employer’s reason has to do with the employee’s qualifications (for example, that the employee wasn’t qualified for a job, had performance or conduct problems that justified termination, or lacked the necessary skills or credentials for a promotion).
How do you prove discrimination in court?
This requires a plaintiff to first establish a prima facie case of employment discrimination by demonstrating that she: (1) is a member of a protected class; (2) met her employer’s legitimate job performance expectations ; (3) suffered an adverse employment action; and (4) another similarly situated employee outside of ...
