Race Discrimination
Employment law can be one of the most difficult and confusing areas of the law, and it often also involves business law issues. The Civil Rights Act of 1964 established race as a ‘protected class’, which cannot be targeted for discrimination lawfully. In the case of McDonnell Douglas Corp v Green, the Supreme Court established what is needed for an employment discrimination case including:
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- The Employee must provide sufficient evidence of discrimination, as known as a prima facie case. Examples would be that the Employee possessed the skills and abilities that was needed by the Employer, despite their qualifications, the Employee was rejected for the position, and that after the rejection, the Employer continued to seek out other candidates with the same qualifications as Employee.
- The Employer must provide evidence that their actions were not motivated by prejudice.
- The Employee must present facts that show that Employer’s actions were discriminatory.
Client Services
We also provide specialized employer services in areas such as:
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- Employment Law
- Employment policies
- Resolving workplace conflicts
Helping Our Clients
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- We successfully represented both employees and management in employment law claims.
- Our firm assisted employers in avoiding employment claims by drafting and updating their employment policies.
- We successfully represented employers in defending claims by third parties based on allegation of employee misconduct.
3 Ways to Determine if You are in a Hostile Work Environment
The term “hostile work environment” gets used frequently but it is rarely defined. Not every hostile action at work is prohibited by the law. True hostile work environment claims must be based on discrimination – that is, being targeted based upon a protected class.