If an employer does present a legitimate, nondiscriminatory reason for the discharge then what must the employee do to prove his or her case?
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If the employer presents a seemingly plausible and legal reason for its action against the employee, the employee must show that the employer’s actual stated reasons were pretextual or false. For example, if an employer says that it fired an employee because of her excessive tardiness, the employee may be able to show that other employees who were tardier than she were not disciplined. Or the employee may be able to show that the tardiness claim by the employer was simply not the actual reason for the discharge.