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Answer

1. If you believe that you have been the subject of discrimination with respect to contracts being awarded, you would certainly have the right to sue on those grounds. The requirement, or more accurately, prerequisites in this type of action include, but are not limited to, the following:

A. A governmental agency was offering a contract;

B. The governmental agency must advertise the contract;

C. The governmental agency must invite bids from the public;

D. The governmental agency must award the contract to the lowest bidder;

E. The aggrieved party had submitted the lowest bid;

F. The aggrieved party was not awarded the contract'

G. The sole reason that the aggrieved party was not awarded the contract was because of discrimination;

H. The aggrieved party suffered damages because of discriminatory practice

The lawsuit must be based on discrimination which has already occurred and a contract has already been awarded. This precludes a party from filing a lawsuit based on discrimination which might happen in the future. In other words, a party cannot file a lawsuit now based on a contingent possibility of discrimination in the future.

2. In lawsuits based on libel, slander, and defamation of character, the truth of the matter written or spoken is always a defense and the Court will always dismiss a Plaintiff's Complaint with prejudice (Meaning that the Plaintiff cannot sue again for the same thing) and enter judgment for the defendant.

If the statements made or written are false, then the Plaintiff may file a lawsuit for libel, slander, and defamation of character. Slander is false statements that are spoken, while libel is false written statements.


In order to prevail and recover damages in any lawsuit for libel, slander, and defamation of character, a Plaintiff must allege and prove all four (4) elements:

1. First, the Plaintiff must prove that the defendant made a false and defamatory statement , written, or spoken, concerning the plaintiff;

2. Second, the Plaintiff must prove that the defendant made an unprivileged publication to a third party. By "Publication" is meant conveyed, or made known;

3. Third, the Plaintiff must prove that the publisher (The person making or writing the statement) acted at least negligently in publishing the communication;

4. Finally, the Plaintiff must prove special damages. Damages are typically to the reputation of the plaintiff,

Examples of slanderous, libelous, and defamatory statements:

A communication that imputes a serious crime involving moral turpitude or a felony

A communication that exposes a plaintiff to hatred

A communication that reflects negatively on the plaintiff's character, morality, or integrity

A communication that impairs the plaintiff's financial well-being

A communication that suggests that the plaintiff suffers from a physical or mental defect that would cause others to refrain from associating, or doing business with the plaintiff

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Thank you,

ANDREA