A defense to discrimination claims used when a plaintiff alleges that the person who hired or promoted them then discriminated against them. The defense assumes that a person who is fully aware of the protected class status of an employee they hire is unlikely to discriminate against that employee on the basis of the employee's protected class status.

Some circuits require a showing that the alleged discriminatory activity took place within a relatively short period of time following the hire or promotion. Not all jurisdictions recognize the defense, and jurisdictions that recognize the defense vary in the weight they give it. For more information, see Practice Note, Discrimination Under Title VII: Basics: Same Actor Inference.

For information about state anti-discrimination laws, see Anti-Discrimination Laws: State Q&A Tool.