What is Unlawful Discrimination at Workplace?
Unlawful discrimination is one of the more misunderstood legal concepts among employees. Many workers assume that discrimination means being treated poorly or being treated differently That kind of definition, however, misses one critical element - to prove discrimination, an employee (or his lawyer) must show through evidence that the reason that the aggrieved employee was treated different was because he or she was a member of protected class - i.e. race, disability, religion, gender, sexual orientation or familiar status.
Merely being black or being disabled or being jewish or being gay doesn't prove that this was the reason for demotion or termination or any other adverse employment action. For instance, an African American employee or an employee with a serious back injury can be terminated for a variety of reasons, including misconduct, poor performance, poor attendance, etc. Proving and having evidence to show the "because of" part - that the employe was terminated not for the reason stated by the employer but due to illegal discrimination is critical in any employment discrimination case and any wrongful termination case based on unlawful discrimination.
There is a number of direct and indirect ways to prove discrimination or at least show that discrimination was one of the motivating factors for firing and employee, and an experienced employment attorney should be able to go with you over the facts of your situation or your case and determine whether there is sufficient evidence to pursue the wrongful termination case.
Unlawful discrimination is one of the more misunderstood legal concepts among employees. Many workers assume that discrimination means being treated poorly or being treated differently That kind of definition, however, misses one critical element - to prove discrimination, an employee (or his lawyer) must show through evidence that the reason that the aggrieved employee was treated different was because he or she was a member of protected class - i.e. race, disability, religion, gender, sexual orientation or familiar status.
Merely being black or being disabled or being jewish or being gay doesn't prove that this was the reason for demotion or termination or any other adverse employment action. For instance, an African American employee or an employee with a serious back injury can be terminated for a variety of reasons, including misconduct, poor performance, poor attendance, etc. Proving and having evidence to show the "because of" part - that the employe was terminated not for the reason stated by the employer but due to illegal discrimination is critical in any employment discrimination case and any wrongful termination case based on unlawful discrimination.
There is a number of direct and indirect ways to prove discrimination or at least show that discrimination was one of the motivating factors for firing and employee, and an experienced employment attorney should be able to go with you over the facts of your situation or your case and determine whether there is sufficient evidence to pursue the wrongful termination case.
