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 in “EEO Cheat Sheet.”