(ThyBlackMan.com) What does a person do if they feel like they were discriminated against when applying or working a job? Whether it’s due to race, gender, or religious preferences, here’s how to prove unfairness has occurred.
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A pretext is a false reason that’s used to hide a real reason or motive for doing something. For example, an employer might try to say that he or she was laying off people because the company needed to downsize. This would be a pretext if it can be proven that the employer wasn’t actually downsizing.
If the pretext is proven, then the court will assume the real intention was to engage in discrimination. However, according to these Long Island employment lawyers, the case can’t be won on the merits of pretext alone.
An employer can give a false reason and still win if you’re unable to prove that the reason is false. You, as the plaintiff, always carry the burden of proof for discrimination.
Responding To The Defense 
If the employer claims that the reason for termination or refusal to hire was because of downsizing, or for some other non-discriminatory reason, then you must prove that this reason is a pretext. Often times, this is difficult to prove. However, one way to prove it is to use statistics from the employer.
If there is strong evidence of discrimination against Asian Americans, for example, an Asian-American would have to show that there are consistently fewer Asian Americans working for the employer and also that the employer consistently hires more less-qualified white applicants. Human resources would have to provide the statistics, but this information is typically not impossible to get.
Proving The Employer Was Lying
Ultimately, if you prove an employer is lying, it will help your case a lot. But, it’s not an automatic win. A judge or jury will have the final word on whether you win.
Proving The Employer Acted Illegally
In order to prove that the employer acted illegally, a plaintiff must show pretext and also that the employer engaged in discrimination. In the U.S., discrimination is considered any action which is taken by the employer based on an employee’s (or potential employee’s):
- Race
- Color
- Age
- Sex
- Pregnancy
- Ancestry
- Religion
- Disability
- National origin
- Sexual orientation
This includes making hiring decisions, firing, failing to hire or promote or give a pay increase, verbally or physically harass, segregate, or assign duties because of any of these factors.
Management Vs Employers
What if management fired you and the employer claims that he didn’t know that the manager acted against the law? Generally speaking, employers are vicariously liable for the actions of their employees, and this includes management.
Managers who represent employers may be held liable separately but this is rare because they rarely have the money or insurance to cover lawsuits. So, attorneys typically pursue the employer for wrongdoing. And, a court can find for you in these cases, even if it is proved that the manager did indeed fire you for discriminatory causes.
Staff Writer; Craig Matthews
