Plaintiffs may claim that a legitimate reason for adverse employment action is merely a _________ for discrimination.

Prepare for the Western Governors University HRM3100 C233 Employment Law Exam with our comprehensive test resources. Study with multiple choice questions, detailed explanations, and helpful hints. Get ready to excel!

The correct answer is pretext. In employment discrimination cases, plaintiffs often argue that an employer's stated legitimate reason for taking adverse action—such as termination, demotion, or refusal to hire—is not actually genuine but rather a cover-up for discriminatory motives. This argument centers on the idea that while the employer claims to be acting on a legitimate basis, such as poor performance or misconduct, the true motivation for the adverse action might stem from bias related to race, gender, age, or another protected characteristic.

Pretext plays a crucial role in the legal analysis of discrimination claims under various employment laws, including Title VII of the Civil Rights Act. If a plaintiff can demonstrate that the employer's justification is merely a pretext, it may strengthen their case by suggesting that the employer is attempting to mask unlawful discrimination. Understanding pretext helps identify when employers may use seemingly legitimate reasons as a facade for discriminatory intent, making it a key element in evaluating discrimination claims in the workplace.

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