The Legalities of an Employment Discrimination Litigation

Irvine employment law attorney An Irvine employment law attorney explains the issues that must be addressed when legal proceedings are initiated based on employment discrimination.

The Elements

Both your Irvine employment law firm attorney and counsel for the opposition will need to either confirm or refute the following precepts if they are to win the case:

• You must prove that you are in a “protected class” based on such determinants as skin color, where you came from, your gender identity, how old you are, your religious affiliation or a physical impairment.
• You must prove that your position was downgraded, a promotion was denied you, an employer would not hire you despite your qualifications, you were unlawfully fired or suffered some other hostile action due to your status in a protected class. To do this, you must demonstrate that:

1. You do fall within the parameters of the protected class, the job was open when you applied for it, and you met the requirements of the position.
2. The employer continued to interview people whose qualifications were no better than yours after refusing you based on your protected class even though you were clearly suitable for the position.
3. Some other hostile action was taken against you without reasonable justification.

• The employer, conversely, must be able to prove that your protected status had nothing to do with why you were not hired, were demoted or refused a promotion, were fired from your job or were apparently targeted in some other way. The justification for the employer’s actions must be acceptable according to law.
• You must show that what the employer quotes as the reason behind the adverse action was nothing more than a cover-up for a discriminatory act.

If You Have Been Victimized

Find and receive the advice and legal representation you need and deserve. Call Daily Aljian LLP, your Irvine employment law attorney, at 949-861-2524 today.

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