pretext

A pretext generally refers to a reason given that is different from the true reason for doing something. In a legal context, pretexts often come up in employment and criminal law.

In employment law, a pretext is often invoked to justify hiring or firing decisions. A pretext is typically used when the real motivation for the decision is unlawful, such as to cover for discrimination or retaliation. By providing a pretextual reason for the decision, the employer creates a situation in which a potential litigant would need to disprove the pretext to prevail in their case.

In criminal law, the term "pretext" typically applies to the law enforcement practice of pretextual stops.

[Last reviewed in August of 2026 by the Wex Definitions Team]

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