Insights
Employment Principal Sid Steinberg Authors "Alternate Theory for Motive Does Not Establish Pretext" for The Legal Intelligencer
In an article for The Legal Intelligencer, Employment & Employee Relations Principal Sidney R. Steinberg examines a recent decision in which the Third Circuit Court of Appeals emphasized the need for employees to rebut an employer's reasons for its action, rather than asking the Court to accept alternate theories of motivation as a basis for pretext.
Discussing the specifics of the cases, Mr. Steinberg notes:
"While the employee [in the case] certainly feels wronged and has likely stewed over why certain actions were taken, courts will be looking for evidence of disparate treatment or severe behavior in order to defeat summary judgment."
About the Author
Sidney R. Steinberg is a Principal and Chair of the Firm's Labor and Employment & Employee Relations Practice Groups. Mr. Steinberg’s practice involves virtually all aspects of labor and employment law, including substantial litigation experience defending employers against employment discrimination and wage and hour disputes in federal and state courts. He also has experience in representing employers before federal, state and local administrative agencies, including the EEOC, the Department of Labor and the National Labor Relations Board, as well as in arbitration proceedings.