Topic
Pretext
81 published works
On Brief: Iowa's Appellate Blog
Why the Iowa Supreme Court declined to outlaw ‘pretextual’ traffic stops under the Iowa Constitution
By Rox Laird
On June 28 the Iowa Supreme Court handed down a decision in a case that presented an opportunity to strike down as unconstitutional so-called pretextual traffic stops by law enforcement…
The EPL Advisor
Inconsistent Explanations for Adverse Action Lead to Denial of Summary Judgment
A federal district court in Pennsylvania denied the Pittston Area School District’s motion for summary judgment, finding Plaintiff offered sufficient evidence to show the District’s stated reasons for denying Plaintiff…
San Antonio Employment Law Blog
Pres. Trump’s Shifting Explanations
Yes, shifting explanations alone can show pretext. A changing explanation for a firing can serve as evidence of lying. Numerous courts have so held. See, e.g., Henderson v. AT&T Corp.,…
Employment & Labor
Eleventh Circuit Upholds EEOC Verdict Challenging Employer’s Policy Favoring Current Employees For Open Positions
By Gerald L. Maatman, Jr. and Matthew J. Gagnon Seyfarth Synopsis: In a cautionary tale for all employers, the Eleventh Circuit recently upheld a jury verdict of intentional discrimination in an EEOC lawsuit…
Iowa Employment Law Blog
Recent Ruling from Eighth Circuit Shows an Employer’s Shifting Reasons for Decision May Not Be Evidence of Pretext
It is a truism that employers prefer to win discrimination cases on summary judgment rather than go to trial. In most cases, winning on summary judgment means convincing the judge…
Texas Employment Lawyer
Inconsistent deposition testimony as to the reason Defendant did not rehire Plaintiff may be used to establish pretext.
“The Magistrate Judge found that Plaintiff successfully made a prima facie case, and that Defendants articulated a non-discriminatory reason for their failure to extend Plaintiff's contract by stating she was…
Texas Employment Lawyer
Evidence of temporary employees being brought on in Defendant’s position can create an issue of fact as to whether an employee was replaced by someone outside the protected class.
By Eric P. Dama
Plaintiff contends that she “was succeeded by one or more of three new male MEs and so was replaced by someone outside her protected class.” There is evidence that Defendant…
Texas Employment Lawyer
Evidence of temporary employees being brought on in Defendant’s position can create an issue of fact as to whether an employee was replaced by someone outside the protected class.
By Eric P. Dama
Plaintiff contends that she “was succeeded by one or more of three new male MEs and so was replaced by someone outside her protected class.” There is evidence that Defendant…
Texas Employment Lawyer
Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.
“Although this evidence on its own likely would not support an inference of pretext, a rational juror could conclude that [Defendant’s] failure to re-hire these employees on a full-time basis…
Texas Employment Lawyer
Evidence that hiring decisions were based on qualifications not found in the job posting is evidence of pretext.
“This court has held that an employer's reliance on “previously unmentioned” job requirements can raise a “genuine issue of material fact as to pretext.” Id. at 11, citing Moss v.…