The Employer’s Legal Advisor

The Burden on the Employer

Unfortunately, it’s not enough in our day and age simply to make sure that no disparate treatment occurred, no harassment took place, or no company policy was violated. There is a much greater burden placed on the employer.

For example, one approach that plaintiffs’ lawyers use to get a case before a jury is a claim of “pretext.” To make this claim, they must show that the reason given for an employer’s action is not the actual or true reason, which gives the employee the opportunity to claim that the actual reason for the action was discriminatory. The employee has the burden of persuading the jury that the employer’s motives were discriminatory. However, this burden may be satisfied by mere argument (as opposed to ...