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In employment discrimination cases where a defendant-employer articulates a legitimate, nondiscriminatory reason for the employment action, the plaintiff has the burden then shifts to the plaintiff-employee to establish that the employer’s reason was a pretext for discrimination, i.e., the defendant’s reason for, say, terminating the plaintiff’s employment is false.
Without some direct evidence of discrimination, the plaintiff will attempt to offer evidence that the defendant’s employer’s reasons for their actions are implausible, inconsistent, or contradictory.
The U.S. Equal Employment Opportunity Commission recently announced that it had sued an employer for age discrimination when it terminated a 59-year-old employee.
The EEOC did