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A pretext (adj.: pretextual) is an excuse to do something or say something that is not accurate. Pretexts may be based on a half-truth or developed in the context of a misleading fabrication. Pretexts have been used to conceal the true purpose or rationale behind actions and words.
In St. Mary's Honor Center v.Hicks, the court revisited the third step in the framework.Initially explaining that affected employee should merely "be afforded a fair opportunity to show that petitioner's stated reason for respondent's rejection was in fact, pretext[,]" [5] the court revised its initial guidance and added that the employee must also show that the employer's actions were in fact ...
Pretexting is a type of social engineering attack that involves a situation, or pretext, created by an attacker in order to lure a victim into a vulnerable situation and to trick them into giving private information, specifically information that the victim would typically not give outside the context of the pretext. [1]
"Mixed motive" discrimination is a category of discrimination under Title VII of the Civil Rights Act of 1964.. Where the plaintiff has shown intentional discrimination in a mixed motive case, the defendant can still avoid liability for money damages by demonstrating by a preponderance of the evidence that the same decision would have been made even in the absence of the impermissible ...
(3) To prevail, the plaintiff must prove that the employer's stated reason is a pretext to hide discrimination. In the Seventh Circuit, courts generally analyze disparate treatment cases using this method, though attorneys may also use the direct method described above. Prima facie case: The elements of the prima facie case are:
Justification and excuse are different defenses in a criminal case (See Justification and excuse). [1] Exculpation is a related concept which reduces or extinguishes a person's culpability , such as their liability to pay compensation to the victim of a tort in the civil law .
Educational anthropology, or the anthropology of education, is a sub-field of socio-cultural anthropology that focuses on the role that culture has in education, as well as how social processes and cultural relations are shaped by educational settings. [1]
They occur when a police officer wishes to investigate a motorist on other suspicions, generally related to drug possession, and uses a minor traffic infringement as a pretext to stop the driver. In the case of Whren , the defense used a "would-have" rule, asking whether a reasonable police officer would have made the stop without the suspicion ...