Atlanta Employment Attorneys Blog
In employment discrimination cases, most employers will present some sort of facially valid basis for their actions. The crux of many cases, as a result, can come down to the worker’s ability to show that the employer’s stated reason was just a pretext for discrimination. Employees who fail to do this often find themselves on the losing end of a motion to dismiss or a motion for summary judgment. Whether you are the worker or the employer, it is vitally important to understand what is (and is not) a legitimate, nondiscriminatory reason for an adverse employment action, and what is (and is not) a valid method for establishing pretext. For answers to these questions and more, be sure to get reliable answers by consulting an experienced Atlanta race discrimination lawyer.
A recent race discrimination case taking place to our south shows how employees can go astray when trying to demonstrate pretext.
The employee, L.B. was an assistant chef with a steak-and-seafood restaurant located just west of Augusta. A new general manager (hired shortly after L.B.) allegedly treated the chef, an African American woman, less favorably than white coworkers. This included refusing to promote the chef to “lead chef” or providing training opportunities while training white workers and hiring new white workers to staff the lead chef position, according to the woman’s lawsuit.
The chef pursued her case without the assistance of legal counsel. The restaurant, which did have attorney representation, effectively countered many of the chef’s factual assertions.
Federal discrimination law says that an employee who alleges discrimination must establish, as an initial matter, that
- she was part of a protected group,
- she experienced an adverse employment action,
- she was qualified to perform the job, and
- her employer “treated ‘similarly situated’ employees outside of her class more favorably.”
Even if the worker does this, the employer may counter by providing a legitimate, non-discriminatory basis for its action.
In its motion to dismiss, the employer asserted that it failed to promote or train the assistant chef because of business and financial considerations, not the woman’s race.
The employer contended that, during the six months that L.B. worked at the restaurant, it employed one lead chef, a Latino man the business hired in 2021. The employer stated in its motion that it did not promote the woman because its restaurant needed only one lead chef – a role the Latino man was sufficiently fulfilling – and one assistant chef (the woman.) In other words, no higher role was available to promote L.B. into. The employer further asserted that its restaurant was a new venture and, as a result, lacked the financial ability to provide training opportunities to the assistant chef.
These were legitimate and valid reasons for the employer’s actions, according to the court.
Arguing About Your Employer’s Business Acumen Does Not Show Pretext
If an employer meets this requirement – as this restaurant did – the worker still can pursue her case if she can show that the employer’s stated reasons were mere pretexts for discrimination. Demonstrating that means more than just arguing that the employer’s reasoning was poor. As the court explained, a worker is “not allowed to recast an employer’s proffered nondiscriminatory reasons or substitute his business judgment for that of the employer…. Simply quarreling with the wisdom of [the employer’s stated] reason” for its action is not enough.
Because the chef’s arguments fell into those categories, her assertions fell short of demonstrating pretext, which meant she did not have a valid discrimination claim and the restaurant was entitled to a dismissal of the chef’s discrimination claim.
Are you a worker who has experienced race discrimination at work… or an employer confronting an unfounded claim of race discrimination? The helpful Atlanta race discrimination attorneys at the law firm of Parks, Chesin & Walbert can help. Our team possesses a deep knowledge of Title VII and other discrimination statutes and has the experience necessary to provide you with the highest level of advocacy. Contact us through this website or at 404-873-8048 to schedule a consultation today.