Wrongful Termination

21 Nov Proving employment discrimination

Proving employment discrimination can be challenging. Most employers won't openly admit to discriminating against you. But that doesn't mean they haven't done so. Nor does it mean you can't prove that they did. You can still use circumstantial evidence to prove discrimination in court. Unfortunately, employers can sometimes convince a judge to throw out a lawsuit before it gets to a jury if there's not enough evidence. So how do you prove your case to the judge when you don't have any direct evidence of discrimination? And how do you convince a jury your employer discriminated against you when the employer can deny they did? Proving employment discrimination through direct evidence The first way of proving employment discrimination is through direct evidence of discriminatory animus. If your employer fired you and explicitly said it was because of your skin color, that's direct evidence of discrimination. In this instance, proving discrimination would simply mean proving what the employer said. If you have direct evidence of discrimination, that should be enough evidence to get you to the jury. If the jury believes that evidence, you're in a good position to win your case. But this is not typical. Usually, the employer offers some legitimate reason for taking the action it took. This can be anything, but it common examples are performance or trying to save money on labor. Even if the reason the employer gives is obviously untrue, you still don't have the same direct evidence of discrimination. In these cases, the employer will often file a motion asking the court to dismiss the case because there's no evidence of discrimination. So how do you prove discrimination in such cases? McDonald Douglas burden shifting Fortunately, the second way to prove employment discrimination, called the McDonald Douglas test, is made for these types of cases. This Supreme Court created this test in McDonald Douglas v. Green, hence the name. The Supreme Court created this test to help analyze cases lacking direct evidence of discrimination. Here's how it works. Initially, the plaintiff has the burden to establish a prima facie case of discrimination. To establish a prima facie case of discrimination, the plaintiff must show (1) that she was the member of a protected class, (2) that she suffered an adverse employment action (e.g. firing, demotions, etc.), (3) that she was qualified, and (4) that similarly situated employees not within her protected class were treated more favorably. For example, if you are an African-American who was terminated despite being qualified and performing adequately, while similarly situated non-African-Americans were not terminated, you would have a prima facie case of discrimination. This is a fairly easy standard to meet. You just need some evidence of each element. Once the employee has established a prima facie case, the employer has the burden to offer a legitimate non-discriminatory reason for the adverse employment action. Once, it does, the burdens flips back to the employee to show that the employer's offered reason was not actually what motivated it. If you can provide some evidence that the reason the employer offers wasn't the real reason, the judge should let your case go to the jury. Proving discrimination to a jury Once you get to the jury, the distinction between direct and circumstantial evidence goes away. You simply use whatever evidence you have to convince the jury that the employer took action against you for an unlawful reason. Of course, direct evidence is best. But you wont have that in most cases. At this stage, there's all sorts of ways to convince the jury. How you do so depends on the facts of your case. For example, say the employer insists they fired you because you were not performing well. In that case, you could use a recent positive performance review to show that's not a credible reason. Likewise, if your boss made derogatory comments about you, that's evidence that the employer's decisions was based on a discriminatory motive. If you believe your employer has discriminated against you, contact the Khadder Law Firm today for a free consultation. For more, follow us on Twitter and Instagram....

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Title VII sex discrimination oral arguments

14 Oct Title VII Sex Discrimination Oral Arguments

The Supreme Court heard oral arguments in two landmark Title VII sex discrimination cases on October 8, 2019. The two cases involve whether Title VII prohibits employment discrimination based on sexual orientation and gender identity. The Court's decisions in these cases could transform federal employment discrimination law. Bostock v. Clayton County Georgia: Does Title VII's sex discrimination provision prevent employers from discriminating against gay employees? The first of the cases was Bostock v. Clayton County Georgia. This case is actually two cases that the court consolidated because they raise the same issue. The Bostock plaintiff was an employee of Clayton County in Georgia. When the county found out he was gay, it fired him. The Plaintiff sued the county, arguing it unlawfully discriminated against him for being gay. The county argued that Title VII does not cover sexual orientation. At the Supreme Court, the plaintiff's argument started with the text of Title VII, which prohibits discrimination "because of...

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New trial in preganancy discrimination lawsuit against the French Laundry

30 Sep Court grants new trial in French Laundry discrimination suit

The Khadder Law Firm is pleased to announce that the Honorable Judge Victoria Wood of Napa County Superior Court has granted a Khadder Law Firm client a new trial in her pregnancy discrimination lawsuit against renowned Chef Thomas Keller, The French Laundry, and the Thomas Keller Restaurant Group. For several years, our client worked at Per Se, a Keller restaurant in New York. During a 2016 visit to California, she became interested in transferring to The French Laundry in Yountville. After speaking with management at The French Laundry, our client believed she had secured a position there. Before starting at The French laundry, she discovered she was pregnant. After The French Laundry learned of the pregnancy, it told our client it had no position for her. The French Laundry then denied that it ever offered our client a transfer. She retained the Khadder Law Firm and filed suit in Napa County Superior Court in September 2016. After a month-long trial during May and June of 2019, the jury returned a verdict in favor of the defendants on each of our client's four claims. The Khadder Law Firm, along with our co-counsel, moved the court for a new trial. On September 5, 2019, Judge Wood ordered a new trial as to each of our client's four claims. Judge Wood’s order acknowledges significant irregularities in the jury deliberation process. Additionally, Judge Wood found multiple instances of attorney misconduct by the defense. Based on the strength of our client's evidence and the jury verdict, Judge Wood concluded that these irregularities were prejudicial and that “a new trial is most certainly warranted.” As of now, the court has not set a date for the new trial. For updates on this and more, follow us Twitter and Instagram. If you believe you have been the victim of pregnancy discrimination, contact the Khadder Law Firm today for a free consultation....

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21 Feb Possible Mediation Outcomes

One of the possibilities in mediation settlement is for the employer to agree to reinstate the employee to the position that they held before they were demoted, or to increase the employee’s pay back to their original pay before their pay was reduced. Mediation can also provide the employee with money for any economic harm or emotional distress that they suffered because of discrimination. For example, if you were paid less, you could, in a mediation, get the employer to agree to reimburse you for the difference of what you were originally paid with what they were paying you when they reduced your salary. However, if you sue your employer, chances are there is going to be some, if not a lot, of friction. Often, in a mediation, an employer will demand, as part of a settlement that involves a payment of substantial money, that the employee resign from their employment and agree never to seek re-employment with that employer in the future. That is not always easy to accept, but if the employer is willing to pay enough money to settle the case, then it may be worth it to resign from your job and agree never to reapply for any job with that same employer. That’s a tough decision to make. Some people would rather have steady income than take a big lump sum of money and have to find a new job. Each case is different, and you have to weigh the risks and benefits of each decision. It is important to consider all of these things if you decide to take legal action against your employer while still employed. For people who have been terminated, the decision is much easier. If they have been wrongfully terminated, there is not going to be the issue of awkwardness or friction at the workplace, because they are no longer there. That makes the decision of taking legal action easier. But, just because you are still employed, by no means should you automatically give up your legal rights to stay with the employer. If you have been discriminated on the basis of your disability by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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18 Feb Disability Discrimination and Continuing Employment – Is Mediation the Answer?

Most likely, if somebody is still employed but they experience disability discrimination other than termination; for instance, their job duties or responsibilities are reduced, they get demoted or their pay is reduced simply because they have a disability, then you may still have a disability discrimination case that is worth pursuing. It is awkward to say the least, however, to sue an employer when you are still working for the employer. That’s not to say it doesn’t happen, but in those cases, often the best course of action for all parties involved, especially the employee with the disability, is to try and resolve the case short of going to court or having a trial. Mediation is a voluntary process. The parties don’t have to accept a settlement. But, there is a lot more room for creativity if a case is settled in mediation or other negotiations as opposed to having to take a claim to trial and get a judgment. If you have been discriminated on the basis of your disability by your current employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation.  ...

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