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What Is Pretext for Discrimination? Pretext for discrimination refers to a situation where an employer provides a seemingly legitimate reason for taking adverse action against an employee, but the real motivation is unlawful discrimination based on a protected characteristic. For example, an employer may claim that an employee was terminated because of poor performance. However, if the evidence shows that the employee consistently received positive performance evaluations and the termination occurred shortly after reporting discrimination or because of the employee's race, age, disability, or another protected characteristic, the employer's explanation may be considered a pretext. https://www.mccurdy-eichstadt.com/news-or-event-title/