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Same Actor Defense in Employment Discrimination Cases

// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse

An employer litigating a discrimination lawsuit has several possible lines of defense. One is the “same actor” defense. An employer can defend a disparate treatment lawsuit arising under antidiscrimination laws by invoking this doctrine. Dallas employment lawyer Keith Clouse explains.

Under the same actor doctrine, an inference of nondiscrimination is invoked when the person who terminated the plaintiff’s employment is the same person who hired the plaintiff and when the hiring and firing occur within a relatively short time span. The logic behind this doctrine is obvious: An employer’s initial willingness to hire the plaintiff is strong evidence that the employer is not biased against the protected class to which the plaintiff belongs. After all, it hardly makes sense to hire an employee from a group a person dislikes only to fire the employee once the employee starts work.

While there are some limitations on the use of this doctrine and some factors that weigh against its application, in most situations, an employer should raise this defense if possible. This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about an employment matter, send an email to debra@clousedunn.com or call (214) 239-2705.

Contact Keith Clouse

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax) keith@clousedunn.com