Retaliatory Intent and Direct Evidence

Employment Discrimination LawyerIt is important to understand retaliatory intent, and your employment discrimination lawyer may be able to help you. Under the law, one important issue for a retaliation case is proof of the employer’s motive for engaging in the adverse employment actions. This is because a retaliation case requires retaliatory intent. Your employment discrimination lawyer can help determine if retaliatory intent can be proven.

Direct Evidence

The Supreme Court has still not directly addressed what constitutes direct evidence of discrimination. However, the Circuit Courts of Appeal have adopted some definitions of direct evidence, making it easier to prove retaliatory intent. For example, the Courts of Appeal hold that direct evidence exists when the decision-maker told the plaintiff that he or she would not be promoted because the plaintiff filed a charge of discrimination with the EEOC, if the employer adopted a written policy forbidding the hiring of Asians and an Asian plaintiff was not hired because of this policy, or if the decision-maker admitted to refusing to promote a plaintiff because the plaintiff refused to have a sexual relationship with him or her. In some cases, the Courts of Appeal would also find direct evidence of discrimination where the decision-maker discriminated against the plaintiff’s class. For example, if a decision-maker refused to promote a woman to the position of vice president because the decision-maker did not believe a woman could be qualified to hold that position, that would be discrimination. If the president of a company informed his or her subordinates that he or she did not want them to hire African-Americans, and one of the subordinates hired a Caucasian over an African-American as a result, that would be discrimination. Firing an employee shortly after the employee went over the decision-maker’s head to report sexual harassment would also be discrimination if the decision-maker had previously warned employees that he or she would fire them if they bypassed him or her with complaints.

Contact an Employment Discrimination Lawyer

For more information on how an employment discrimination lawyer can help you, contact the Law Offices of Delmas A. Costin Jr. at (877) 440-0854.

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