Employee can’t show firing was because of her gender
Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there are times when an employee’s evidence of pretext falls short. A recent case from the U.S. 4th Circuit Court of Appeals is a reminder that pretext alone—that is, arguing that the employer’s nondiscriminatory reason isn’t legitimate—won’t suffice.
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