How do you recognize workplace discrimination, and then prove it in court? That is what Los Angeles employment attorney Michael Jacob discusses in this video. Determining what an employer’s true reasons for firing or failing to promote you can be very difficult, even if you know how to recognize the signs of discrimination at work. In some cases, employers do not give the real reason for a termination or not promoting a qualified candidate, because the truth is their decision was based on age, disability, gender or race, which is illegal. The key to uncovering the truth in discrimination cases is finding direct or circumstantial evidence that supports your claim.
Our California employment attorneys have decades of experience successfully helping workplace discrimination victims unearth the evidence they need to prove they were unjustly treated due to their age, race, disability status or gender. To learn more about discrimination laws or speak with an experienced discrimination lawyer for free about your situation, call us or fill out the online contact form on this page to set up a confidential consultation.
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) 273-3180 or you can find us online at CaliforniaLaborLawAttorney.com.