What is “pretext”?
After the Agency or employer has articulated a “legitimate non-discriminatory reason” for their action, the employee has an opportunity to show that the “legitimate non-discriminatory reason” is a pretext for discrimination. Most Federal Employee cases that go to hearing before an EEOC Administrative Judge come down to this question – is the Agency’s “legitimate non-discriminatory reason” a credible explanation or does it appear to be a pretext – or smokescreen – for discrimination.
Related Questions
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- What is Pretext and How is it Used Today?