When a gang of experienced LA wrongful termination lawyers have to try to prove a case of racial discrimination that lead to an employee's termination, there's a set of basic tenets that the team will follow. This is irrespective of whether the discrimination is reliant on age, gender, sexual preference, incapacity, religion or race. Having recounted this, though cases are similar and are handled in an identical way, each claim brings with it its own complexities and idiosyncrasies which will need to be bartered. So with this in mind...how does a barrister go about proving a discrimination case?
As you can imagine, it can appear at first hard to get to the bottom of, particularly in the case of a wrongful termination thanks to a suspected incapacity discrimination claim. This is usually made far more so when the employer is exercising 'reasonable accommodation ' rights. This indicates that the employer has housed the disabled person into the workforce by possibly adapting their job so that it takes into account their disability, or by creating a position especially for them.
For the employee to prove discrimination it is up to their representing team of LA wrongful termination attorneys to show two factors that are relevant to the termination, these are as follows:
- She/he could be a member of a protected group
- The purported victim has either been fired, postponed or demoted or suffered an adversary employment action
It is worth pointing out at this point that every individual is a member of a protected group because gender is a protected category. So this covers female and male employees. It may well be that the person falls into one or more protected classes because a women or man could also be an Afro-American, or a Muslim, or disabled.
Essentially an adversary work action is when an employee has something done to them which doesn't have a positive effect on their job like cutting pay, demoting, cutting hours or moving jobs in the company against their will.
As you can imagine, it can appear at first hard to get to the bottom of, particularly in the case of a wrongful termination thanks to a suspected incapacity discrimination claim. This is usually made far more so when the employer is exercising 'reasonable accommodation ' rights. This indicates that the employer has housed the disabled person into the workforce by possibly adapting their job so that it takes into account their disability, or by creating a position especially for them.
For the employee to prove discrimination it is up to their representing team of LA wrongful termination attorneys to show two factors that are relevant to the termination, these are as follows:
- She/he could be a member of a protected group
- The purported victim has either been fired, postponed or demoted or suffered an adversary employment action
It is worth pointing out at this point that every individual is a member of a protected group because gender is a protected category. So this covers female and male employees. It may well be that the person falls into one or more protected classes because a women or man could also be an Afro-American, or a Muslim, or disabled.
Essentially an adversary work action is when an employee has something done to them which doesn't have a positive effect on their job like cutting pay, demoting, cutting hours or moving jobs in the company against their will.
About the Author:
One of the common issues at work among employees is discrimination. Thru Lorilai Maly's article you will discover how wrongful termination lawyers can help you.
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