HOW TO PROVE DISCRIMINATORY PRETEXT

Once the agency puts forth its explanation for why it made the decision the employee considered discriminatory, e.g., a promotion, a reassignment, a suspension, etc., the employee is expected to prove that the explanation is pretext or not worthy of belief.  There are thousands of EEOC and court decisions ruling on what is and is not proof of pretext.  So anyone involved in EEO complaints can either read and remember all of those decisions or develop a short, handy list of the most common ways to prove the agency’s explanation is pretext. We came across what we think is a very good list of them in a law firm’s power point presentation and thought you might want to use it as your own or to start building an even longer list of you own. You can add it to similar list we posted inEEO Cheat Sheet.”

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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