Juries may infer intentional discrimination in employment cases, impacting legal outcomes.
The article discusses how courts handle cases of employment discrimination, focusing on the concept of pretext - when an employer's explanation for a decision is believed to be false. There is disagreement among courts on whether juries should be instructed on how to interpret pretext in discrimination cases. The issue is important because it can help determine if discrimination occurred. The Supreme Court has not yet decided if such instructions should be mandatory. The complexity of discrimination cases and the need for consistency in how they are handled across the country make this a significant issue that needs resolution.