Title VII of the Civil Rights Act of 1964 forbids discrimination based on numerous protected categories (e.g., race) in any aspect of employment, including hiring, firing, pay, job assignments, promotions, and any other term or condition of employment. It’s not uncommon for employees to allege discrimination based on a protected category known at the time of hiring. If the termination decision is made by the “same actor” as the hiring decision, courts apply an “especially steep” burden on the worker to prove the reason for the adverse action was pretextual (or a cover-up for bias). How can an employer defend itself against discrimination allegations when the same actor made both the hiring and the firing decisions?
