Circumstantial Evidence of Intent

Bronx employment attorneyIn the paragraphs below, a Bronx employment attorney illustrates some of the means whereby he or she may gather proof that the defendant-employer’s discriminatory conduct was deliberate.

Deposing the Person Making the Decisions

When your Bronx employment attorney deposes the defendant-employer, it is to uncover proof that the employer was acting with the intent to discriminate against you. The employer must concede that the actions taken against you were based on your protected standing or that he or she made deliberately and obviously bigoted or biased comments during conferences concerning the adverse action. Unfortunately, this is not an easy thing to prove as clear evidence is hard to find.

Gathering the Evidence

Given the difficulty of producing direct evidence, your Bronx employment attorney must be able to show that discriminatory intent is a logical deduction even if it was not explicitly spelled out. Your attorney must first ask the employer to provide an explanation for why you were passed over for promotion, were not hired to begin with, were terminated or downgraded to a lower position. He or she must then prove the employer’s explanation unjust. To accomplish this, your attorney will review:
• Corporate policies that outline employee discipline and the associated record-keeping. If records of only minor infractions or no record of disciplinary action can be found against you, your attorney can point to this in support of your performance. This can establish that you did not deserve the treatment you received.
• Any records that indicate that the discplinary officer or someone else bore you ill-will for some reason, thus rendering the action dubious.
• Any performance evaluations, written reprimands or other indications of misbehavior that may be in your personnel file and determine if these were the basis of the action taken against you, including any annotations mentioning the action.
• Records that indicate whether or not your treatment was comparable to that of other people whose abilities, background and prior performance were on the same level.

Victims Should Contact a Bronx Employment Attorney

You need not suffer in silence. Find help and representation at the Law Office of Delmas Costin, Jr., your Bronx employment law firm, by calling 718-618-0589 today.

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