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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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What's needed to prove harassment/desrimination in the work

Customer Question

what's needed to prove harassment/desrimination in the work place. Can they f8re you for filing an eeoc complaint
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
A Prima Facie case for Discrimination occurs when the plaintiff (you) are able to prove, by a preponderance of the evidence, the following:
You were a member of a protected class; (this class can be based on race, religion, national origin, creed, gender, disability, even sexuality depending on the state)
The you were meeting the employer's legitimate job expectations at the time of discipline or termination of employment;
That adverse action (i.e. you were not promoted, treated disparately, terminated) occured because of your status in the protected class;
The circumstances of the employer's promotion or termination decision give rise to a reasonable inference of discrimination;
If the employer can show a nondiscriminatory basis for behavior, then it is back on you to prove and show that the real basis was your protected class and not the other reason.
They CANNOT terminate over an EEOC complaint--that would be seen as 'retaliation'
To show a Prima Facie case for Retaliation you would need to show by a preponderance of evidence that:
1. You engaged in a protected activity known to the employer.
2. The employer thereafter subjected you to an adverse decision.
3. There was a causal link between the protected activity and adverse employment decision.
Hope that helps!
Dimitry, Esq.