pretext, definition
pretext, means an ostensible reason or motive assigned as a color or cover for the real reason or motive; false appearance; pretense.” W.Va. Institute of Technology v. W.Va. Human Rights Comm’n, 181 W.Va. 525, 531, 383 S.E.2d 490, 496 (1989) (quoting Black’s Law Dictionary 1069 (5th ed.1979)). A proffered reason is a pretext if it was not “the true reason for the decision[.]” Conaway v. Eastern Associated Coal Corp., 178 W.Va. at 171, 358 S.E.2d at 430. “The third step of the . . . proof scheme, pretext, is a . . . realization that some explanations are the product of hindsight rather than a true barometer of what occurred at the time of decision.” Taylor v. City National Bank, 642 F.Supp. 989, 995 (S.D.W.Va.1986).
pretext, which means “a dishonest explanation” – “a lie rather than an oddity or an error,” the plaintiff must prove that the employer’s explanation is “unworthy of credence.” Bodenstab, 569 F.3d at 657. As long as the employer honestly believes its reasoning, it does not matter that the decision was “mistaken, ill considered or foolish.” Id. The second prong of the prima facie case (i.e., job performance) and the pretext question merge where the employer argues that its reason for not promoting or terminating the plaintiff is based upon substandard performance. Lloyd, 552 F.3d at 602. Specific job requirements – and an individual’s performance of those requirements – are determined by the employer, not a court, and courts “will not second-guess that decision.” Id. at 601.