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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 American jurisprudence, an excuse is a defense to criminal charges that is a distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse ). [ 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 ...
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]
Discrimination in education is the act of discriminating against people belonging to certain demographics in enjoying full right to education. It is a violation of human rights . Education discrimination can be on the basis of ethnicity , nationality , age, gender, race, economic condition, language spoken, caste , disability and religion .
(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:
However, the article indicates a number of situations which are not to be considered to constitute discrimination. This includes the creation or maintenance of separate educational systems or establishments for pupils of both sexes, when they have easy access to education: establishment or maintenance on religious or linguistic grounds, and
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 ...