What is the burden of proving that an employer's reason was a pretext for discrimination in an employment action?
MultiRegion, United States of America
The following excerpt is from Vega v. Hempstead Union Free Sch. Dist. & Chy Davidson & Dagoberto Artiles (Sued in Their Individual Capacities Pursuant to 42, Docket No. 14-2265-cv (2nd Cir. 2015):
prove that the employer's reason "was in fact pretext" for discrimination. Id. at 804; see Graham v. Long Island R.R., 230 F.3d 34, 38 (2d Cir. 2000) ("If such a reason is proffered, the burden shifts back to the plaintiff to prove that discrimination was the real reason for the employment action.").
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