Topic
Pretext
81 published works
Texas Employment Lawyer
An employer’s failure to interview a candidate with exemplary qualifications, pertinent experience, and excellent performance reviews may be used to show pretext.
“With regard to the assistant principal and administrative intern positions,…[Plaintiff] not only possessed two certifications in school…but also had worked in a supervisory administrative capacity…for many years. [Plaintiff’s] prior experience…
Texas Employment Lawyer
In a failure to hire case, three advanced degrees; four administrative and teaching certifications; thirty-eight years of educational experience overall; twenty years of experience within the school district; and experience directly pertinent to the position in comparison to other applicants is directly probative of pretext.
“A reasonable jury could consider the strength of [Plaintiff’s] qualifications vis-à-vis the successful younger applicants as undermining the credibility of [Defendant’s] proffered hiring rationale—i.e., that the younger successful applicants were…
Texas Employment Lawyer
Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff.
As discussed above, Hauss allegedly misrepresented the erratic test results—which Dr. McKinnon and Audiologist Sanders attribute to Brown's hearing disability—to the decisionmaker Goodson, thereby creating a factual issue as…
Texas Employment Lawyer
An employer’s selective application of a facially neutral policy is evidence of pretext.
“A reasonable jury could conclude from [plaintiff’s supervisor’s] explanation, together with the summary judgment evidence that Plaintiff’s' co-worker, Clark, also did not strictly follow TDCJ's timesheet policy as written, that…
Texas Employment Lawyer
In a failure to hire case, an applicant does not have to show that he or she is “clearly better qualified, but simply that the employer’s explanation for the employment decision is pretext.
“As we have noted, while a showing that a plaintiff is clearly better qualified is one way of demonstrating that the employer’s explanation is a pretext, it is not the…
Texas Employment Lawyer
Pretext is established when the selection vote is divided on racial lines.
“Plaintiff argues that the changes to the vacancy notice regarding college graduation indicate the City’s true intent, which he claims was to hire a black police chief. Plaintiff contends that…
Texas Employment Lawyer
Pretext is established when costs are cited as a reason for termination, but employer hires other employer to do employees job duties.
“In the letter itself, Hill raised Thomas’ medical condition, the need for Thomas to seek a less stressful job, and Hill’s desire to reduce costs. Yet, before and after Thomas’…
Texas Employment Lawyer
An employee can demonstrate pretext where an employee’s direct supervisor’s testimony conflicts with the performance deficiencies alleged by the decision-maker or where the employee’s direct supervisor testifies that they would not have disciplined the employee for the misconduct alleged.
“[Direct Supervisor’s] testimony rebutted [employer’s] reason that [employee] improperly documented her hours on the time sheets. [Direct Supervisor’s] testimony also rebutted [employer’s] reason that [employee] taking patient files home constituted…
Employment Discrimination Report
“A Bar Too High” And Other Pretexts For Discrimination
Reorganization, reduction in force ("RIF"), merger of departments – these are only a few reasons which employers give when firing an employee – and which is frequently alleged to be…
Texas Employment Lawyer
An employee can demonstrate pretext where an employer terminates a non-party employee that participated in the investigation and the testimony as to reasons given for the employee’s termination differ between the non-party employee and decisionmaker.
“[T]he evidence shows a conflict regarding [decision-maker’s] stated reasons for not renewing [non-party witness’s] contract. (‘A court may infer pretext where a defendant has provided inconsistent or conflicting explanations for its…