There are various things that we look for, to determine whether somebody’s being discriminated against and one of the main things we look for is, is the reason given to the employee untrue. Can the employee, can our client demonstrate that the reason the employer gave for their termination or the reason they gave for not promoting them, what was not really a true answer. And if they’ve given a false reason, we’ll look for other evidence as to whether or not the real reason was based on a protected category such as race, gender, disability or age. How do you determine that there is discrimination in a particular case? There’s two types of evidence that we can use. There’s direct evidence. Direct evidence is when someone says the exact reason, the unlawful reason, why they didn’t give someone a job. Circumstantial evidence is evidence that doesn’t necessarily directly say or indicate that there’s discrimination but circumstantial evidence, has the word circumstance, the circumstance tends to show that the person has been discriminated against. What are different types of circumstantial evidence? For instance, timing, the fact that an employee made a complaint that could be circumstantial evidence if they’re terminated just after their complaint. That the complaint motivated their termination. Other examples of circumstantial evidence is if an employer gives a false reason for terminating you that you can show is false. The fact that an employer, your employer offered you a false reason can be used to show that you are actually discriminated against and the employer was trying to cover up their true unlawful motivation, whether it’s discrimination or retaliation. You can contact us for a consultation at (310) 997-4431 or you can find us online at CaliforniaLaborLawAttorney.com.
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