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U.S. Supreme Court Adopts Pretext Only Approach


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Abstract:
This bulletin discusses a June 12, 2000 United States Supreme Court decision in Reeves v. Sanderson Plumbing Products, Inc. Resolving a split of authority among the appellate courts, the Court unanimously held that a judge or jury may find an employer liable for intentional discrimination if a plaintiff-employee establishes a \"prima facie case\" of discrimination and proves that the employer's stated reason for a termination or other adverse employment action was false or pretextual. The Court's ruling rejected the \"pretext plus\" standard adopted by the United States Court of Appeals for the Fourth Circuit. Under that approach, plaintiffs were required to prove not only that the employer's reason was false, but also that the real reason was unlawful discrimination.
Source:
Public Personnel Law Bulletin (NoCar KFN 7835 .A519), Vol. Issue 23, Jul 2000, p1-3, f
Record #:
20684
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