book gavel San Jose Discrimination Lawyers

San Jose discrimination lawyers look for direct evidence that the employer’s action was retaliatory. All of the Circuit Courts of Appeal agree that certain situations are direct evidence. In other cases, only some of the circuits agree that direct evidence exists. Your San Jose discrimination lawyers can advise you regarding your evidence.

When All of the Circuits Agree

There are several types of circumstances that all of the circuits agree are direct evidence. If your employer told you you were being denied a promotion because you filed an EEOC claim against them, that is direct evidence. If you were denied advancement for refusing to engage in a sexual relationship with your employer, that is direct evidence. If your employer wrote a policy to not hire members of specific races and you were not hired as a result, all of the courts will view it as direct evidence.

When Some of the Circuits Agree

Some of the circuits view situations in which a person was treated differently due to the animus the employer demonstrates toward their class. Examples could include the promotion of a male co-worker over you if you are a woman, and your employer has stated that they do not believe women are qualified. Similarly, if an upper-level executive has previously said that they don’t want members of specified racial groups hired, and a Caucasian was then hired over you, some circuits hold that is direct evidence. If your supervisor has previously said that people would be fired for going over their head, and you were then fired not long after you did to report them for sexual harassment, some courts believe that is direct evidence.

Contact San Jose Discrimination Lawyers

When you have been discriminated and retaliated against at work, you may need help from a discrimination attorney. To contact the San Jose discrimination lawyers at the Costanzo Law Firm, APC, call (408) 993-8493.


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