ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : While not being required to answer it, I would still answer. The reason is that there is a prima facie case, where the plaintiff is required to establish that her termination occurred under circumstances giving rise “to an inference of unlawful discrimination". After the plaintiff establishes this, the burden shifts to the employer to explain a legitimate non-discriminatory reason for the adverse employment action taken.
ScottyMacEsq : It's a good idea to lay out that reason, so that the weight of the evidence shifts to your side.
ScottyMacEsq : The fact that the black employee had superior credentials, and was more cooperative and more of a team player would be relevant.
ScottyMacEsq : If you have any internal communications (emails, etc...) prior to the termination of the hispanic employee that show that she was more of a team player, etc... and certainly don't consider race as part of it, I think that this would certainly benefit your case.
ScottyMacEsq : Furthermore, if there were other similarly situated employees as her, that we Hispanic, and were not terminated, that would establish that this was a special case, not the norm, and not indicative of racial discrimination.
ScottyMacEsq : So long as race was not considered, and you can show valid considerations, I don't see any reason not to respond to this allegation.
ScottyMacEsq : Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!