At The Podium
Failure to understand the concept of pretext
Charles S. Plumb
It’s one thing to know what the law requires and what actions should be taken to ensure legal compliance. But what if you miss out on a step or two? Can certain mistakes or failures to take action be swept under the rug, or are they likely to catch up to you in the form of a lawsuit, financial penalty, audit or formal investigation?
In their presentation titled “Failure to understand the concept of pretext,” McAfee & Taft labor and employment attorneys Courtney Bru and Charlie Plumb discuss how discrimination and retaliation claims hinge on an employer’s motivation for making employment decisions, review excerpts from actual jury instructions involving pretext, and analyze case studies where pretext – whether real or perceived — played a role in the outcome of the case.