Confronted with a claim of discriminatory termination or retaliation, an employer’s defensive strategy most often centers on marshalling facts and evidence to—eventually—support a motion for summary judgment that leans heavily—if not exclusively—on the argument that any adverse employment actions taken were based on legitimate and non-discriminatory business reasons that the employee will not be able to show were pretextual. This approach began with the burden-shifting framework described by the Supreme Court in its seminal 1973 decision, McDonnell Douglas Corp. v. … Read the rest