Pretext Without Context
نویسنده
چکیده
In Pretext in Peril, Professor Martin examines the interplay between procedural and substantive law in disparate treatment cases in which plaintiffs offer circumstantial evidence – evidence of pretext – as opposed to direct evidence to maintain their employment discrimination claims. Pretext constitutes an evidentiary showing that the defendant’s asserted reason for an adverse employment action that the plaintiff suffered is not the real reason or that an impermissible classification like race more likely than not motivated the adverse employment action. Professor Martin argues that through the confluence of substantive and procedural law a plaintiff’s evidence of pretext has become “hollow and forceless in evidentiary value.” With precision,
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