In logic, what does the term “Affirming the Consequent” mean, and how does it apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.
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Affirming the Consequent: A Logical Fallacy in Employment Litigation
The Basic Fallacy
“Affirming the consequent” is a logical error that occurs when someone assumes that a particular result proves a particular cause.
For example:
If it rains, the sidewalk will be wet.
The sidewalk is wet.
Therefore, it rained.
Not necessarily. A sprinkler, hose, or other source could have made the sidewalk wet.
The mistake is treating an effect as proof of one particular cause when other explanations are possible.
video Example: Affirming the Consequent)
How It Arises in Employment Cases
Employment litigation often involves competing explanations for an employer’s actions. An employee may claim that a termination was discriminatory or retaliatory, while the employer may contend that it resulted from legitimate performance or workplace concerns.
Affirming the consequent can occur when either side reasons:
The evidence is consistent with my explanation; therefore, my explanation must be the reason it happened.
For example, an employee’s poor performance may be consistent with an employer’s legitimate explanation for termination. But that fact alone does not necessarily resolve whether unlawful discrimination or retaliation also played a role.
Conversely, evidence that an employee received unusually negative treatment may be consistent with discrimination, but it does not by itself establish that discrimination caused the treatment.
The Trial Lawyer’s Question
The better question is:
What other explanations could account for this same evidence, and what evidence distinguishes among them?
That question can sharpen discovery, depositions, cross-examination, and closing argument.
A lawyer should distinguish between evidence that is merely consistent with a theory and evidence that actually supports the required causal connection under the applicable legal standard.
Closing Argument
The lesson of affirming the consequent is simple: an effect does not necessarily prove its cause.
For employment-law trial lawyers, recognizing this fallacy is a useful way to test both sides’ theories. The goal is not merely to show that the evidence fits a client’s explanation, but to explain why the evidence supports that explanation when considered alongside the reasonable alternatives.
In trial, asking “What does this fact actually prove?” can be just as important as asking “What happened?”
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If you would like to learn more, then consider contacting an experienced employment attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.
–gw