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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114776
Experience:  20+ Years of Employment Law Experience
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In the local sector, a 30yr old Mayor replaces management with

Customer Question

In the local sector, a 30yr old Mayor replaces management with young people, people he can manipulate. Only one has an asso. degree the others are high school graduates. He orders a corner office be constructed for the HR.. He assigns tasks with impossible deadlines. He instructs a 3 mo.performance review when no one else gets one. I have several other issues but want to know what proof do I need other than my own documentation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is the issue with politically appointed positions in that when a new politician comes in, they are entitled to replace any appointee with people of their choice.
In order to have a case, you need evidence or documentation showing the sole reason for the actions against you are based on your age/race/sex/disability/national origin and for no other reason. This means you need some written documentation or some witnesses who will testify or show that only workers in protected classes were removed.
The courts are aware that there are rarely smoking guns in these cases and most of the cases are based on circumstantial evidence. The courts even developed a process for trying to evaluate these cases called the McDonnell Douglas Test (from the US Supreme Court case of McDonnell Douglas v. Green). Under the McDonnell Douglas test, you first have to make a prima facie case of some form of discrimination (age/race/sex/disability/national origin). Then the employer has a chance to offer a legitimate business reason for their action. Once the employer offers the alleged legitimate reason, then you need to have testimony from witnesses or some documents that show that the employer's alleged legitimate reason is nothing more than a disguise for discrimination.
You also need to renew your FMLA request for accommodation as well, to give the employer a chance to accommodate your needs based on your FMLA requirements.