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What is “pretext”?

pretext
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What is “pretext”?

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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.

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