Summary Judgment Principles in Light of Tolan v. Cotton: Employment Discrimination Implications in the Fifth Circuit

Abstract

Proving pretext is the crux of virtually every employment- discrimination case brought under Title VII of the Civil Rights Act: an act intended to discourage discrimination in the workplace and provide a remedy for those subject to this hurtful, heinous conduct. The effectiveness of this remedy has, however, been hamstrung by a judiciary that is often unwilling to give proper credence to evidence offered by employees attempting to prove pretext at the summary-judgment stage. The result has been the pre-trial disposal of the vast majority of employment discrimination claims.