By Robert J. Gregory
This article offers the typical employee with a few useful figuring out of the way employment legislation relatively paintings, easy methods to safeguard themselves from adversarial employment activities, and the way to understand while it is smart to pursue litigation. issues comprise discrimination, sexual harassment and scientific go away.
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Extra info for Your workplace rights and how to make the most of them: an employee's guide
The problem lies in showing that the white employee was similarly situated. Employers have proven resourceful in drawing factual distinctions between the two cases being compared, thus supporting an argument that the disparity in treatment was justified. Courts have been receptive to this line of argument. Unless there is a very tight factual fit between the complainant's case and the comparative evidence, an employee's claim of pretext is likely to founder. Page 20 EXAMPLE: A black employee is caught stealing an item from the company.
Courts have been receptive to this line of argument. Unless there is a very tight factual fit between the complainant's case and the comparative evidence, an employee's claim of pretext is likely to founder. Page 20 EXAMPLE: A black employee is caught stealing an item from the company. The employee is terminated. The employee brings suit, citing the case of a white employee who was also caught stealing but who merely received a suspension. The evidence shows that the item taken by the white employee was of less value to the company.
An employer, for example, might give a negative evaluation to an employee. That evaluation, although placed in the employee's file, has no immediate impact on his or her job status. An employer might also assign an employee to new job duties. Although the employee perceives the reassignment as a demotion, the employee continues to work the same hours and receive the same pay. There is an argument that these actions are sufficient to implicate the protections of the antidiscrimination laws, assuming that the employer has acted for a discriminatory reason.