Insights
Alternate Theory for Motive Does Not Establish Pretext
The Legal Intelligencer
In an article for The Legal Intelligencer, Employment & Employee Relations Principal Sidney R. Steinberg examines a recent decision in which the Third Circuit Court of Appeals emphasized the need for employees to rebut an employer's reasons for its action, rather than asking the Court to accept alternate theories of motivation as a basis for pretext.
Discussing the specifics of the cases, Mr. Steinberg notes:
"While the employee [in the case] certainly feels wronged and has likely stewed over why certain actions were taken, courts will be looking for evidence of disparate treatment or severe behavior in order to defeat summary judgment."
