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Pretextual Employment Action

Meaning

Pretextual Employment Action refers to a situation where an employer cites a seemingly legitimate, non-discriminatory reason for an adverse employment decision, such as termination or denial of promotion, when the true underlying motivation is actually discriminatory or retaliatory. In the context of hormonal health, this action might occur if an employer uses a minor performance issue as a cover for discriminating against an employee based on their known or perceived hormonal health status or treatment, such as Testosterone Replacement Therapy. This legal concept is central to proving discrimination claims in employment law.