Proving Discrimination
- Thread Starter 4rights
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cbg
Super Moderator
Haven't we already answered that question in your other threads?
Okay, I'll spell it out.
YES, they will look at witness statements.
YES, they will look at past practice.
YES, they will look at circumstantial evidence.
Are we quite clear on this now? (continue head banging from other thread).
Note to other posters; this question has been gone into for this same poster in excruciating detail, going on for several pages, on another board, and this question had been answered BEFORE the time stamp on this thread. Thus my frustration.
Okay, I'll spell it out.
YES, they will look at witness statements.
YES, they will look at past practice.
YES, they will look at circumstantial evidence.
Are we quite clear on this now? (continue head banging from other thread).
Note to other posters; this question has been gone into for this same poster in excruciating detail, going on for several pages, on another board, and this question had been answered BEFORE the time stamp on this thread. Thus my frustration.
Ok thanks cbg, I didnt understand your answer.
I posted **From what I read, Ive kinda misunderstood what actually qualifies as discrimination. It just seems like its so hard to prove if they didnt come right out and say it. I dont know how these cases are dealt with. Are they cases where they concider circumstantial evidence, witnesses statementes and past treatment etc., Or do these carry no weight? I dont know.**
And you replied **Yes to all the above.** after I asked two questions. Just confused me. Thanks for clarifying.
I posted **From what I read, Ive kinda misunderstood what actually qualifies as discrimination. It just seems like its so hard to prove if they didnt come right out and say it. I dont know how these cases are dealt with. Are they cases where they concider circumstantial evidence, witnesses statementes and past treatment etc., Or do these carry no weight? I dont know.**
And you replied **Yes to all the above.** after I asked two questions. Just confused me. Thanks for clarifying.
cbg
Super Moderator
And someone else had already answered before I did. But no matter, as long as you understand now.
But it didnt help, they said ...
**You have filed a complaint with the EEOC. When they ask, tell them everything you know about why you think you were illegally fired. They will then investigate, and make a decision. You don't have to do/worry about anything else. Period.**
which just says they will investicate, I asked what do they take into account as they investigate. But you addressed it for me, thx
**You have filed a complaint with the EEOC. When they ask, tell them everything you know about why you think you were illegally fired. They will then investigate, and make a decision. You don't have to do/worry about anything else. Period.**
which just says they will investicate, I asked what do they take into account as they investigate. But you addressed it for me, thx
I just dont want to waste their time and mine answering a question they arent asking me etc. I know theres alot of treatment that so many feel is unfair but Ive discoved that may be true, but still not illegal. I dont want to go off on all kinds of things they have done to me if it has nothing to do with my disability ya know? Thx
How can I prove an action, say making me do a job they know is very dificult for me is because of my disability. That kind of thing. I dont see how you can prove someones actual motive for a given act. But I guess thats where all the other factors help draw that conclusion correct?
cbg
Super Moderator
You. Do. Not. Have. To. Prove. Anything.
That is the point of an investigation. To find the proof. It is not your responsibilty.
That is the point of an investigation. To find the proof. It is not your responsibilty.
cbg
Super Moderator
I give up.
army judge
Super Moderator
You should understand that very few alleged victims ever win these types of cases.
Thanks army judge, yea Im learning that the more I study. I was wasting alot of time and energy trying to rember facts, details and dates etc., for things that really dont apply to my actual charges. Alot of things may be unfair, but not illegal. Employers are allowed to get by with more than most people want to accept, including myself. The better I undrstand how it works, what it takes to prove it etc., the easier it is for me to focus on, and remember and collect information and statements etc., for whoever it will be that represents me. I will know what it is they are looking for. I feel that helps me gather the right information. I mean I want to give my 1/3 of 1% chance every bit of 1/3 of 1% chance!!! 
army judge
Super Moderator
Thanks army judge, yea Im learning that the more I study. I was wasting alot of time and energy trying to rember facts, details and dates etc., for things that really dont apply to my actual charges. Alot of things may be unfair, but not illegal. Employers are allowed to get by with more than most people want to accept, including myself. The better I undrstand how it works, what it takes to prove it etc., the easier it is for me to focus on, and remember and collect information and statements etc., for whoever it will be that represents me. I will know what it is they are looking for. I feel that helps me gather the right information. I mean I want to give my 1/3 of 1% chance every bit of 1/3 of 1% chance!!!
Today's US (and state ) government is one of the greatest scammers and con-artists ever seen.
They delude our citizenry into thinking we have rights.
Yet, our ignorant populace has allowed our rights to be taken.
Taken for our alleged protection, taken for our security, taken for a few dollars on an electronic benefits card, for alleged "free" health care, and all manner of government scams and cons.
Millions of doped up, drugged up, sexxed up, or dumbed up sheeple sit stupified, waiting for their next government dole payout.
This isn't the America our founders gave us.
But, sheep are only good for slaughter and wool.
I often think we'd all be better off under the benign rule of a nobility that knew you shouldn't regularly brutalize and destroy your peasants.
Yours is but one example of one or two of us waking up to discover the emperor is naked!
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**You should understand that very few alleged victims ever win these types of cases.**
Im realizing how true that is army, and I appreciable the truth, its tuff to hear and I acknowledge it. But I have to at least look at it believing I can despite the fact. If not then Ive already lost, why try. And by the odds, I will likely be back here in the future saying yes it was all for nothing. But to give my slim chance the best chance I gotta believe they say! Its like golf, a putt thats short will NEVER make it. Like sports, the underdog still has to play the game believing he can win no matter how obvious it is to everbody else hes gonna get smoked. So here go I. lol
Im realizing how true that is army, and I appreciable the truth, its tuff to hear and I acknowledge it. But I have to at least look at it believing I can despite the fact. If not then Ive already lost, why try. And by the odds, I will likely be back here in the future saying yes it was all for nothing. But to give my slim chance the best chance I gotta believe they say! Its like golf, a putt thats short will NEVER make it. Like sports, the underdog still has to play the game believing he can win no matter how obvious it is to everbody else hes gonna get smoked. So here go I. lol
**Today's US (and state ) government is one of the greatest scammers and con-artists ever seen.They delude our citizenry into thinking we have rights.Tet, our ignorant populace has allowed our rights to be taken.Taken for our alleged protection, taken for our security, taken for a few dollars on an electronic benefits card, for alleged "free" health care, and all manner of government scams and cons.Millions of doped up, drugged up, sexxed up, or dumbed up sheeple sit stupified, waiting for their next government dole payout.This isn't the America our founders gave us.But, sheep are only good for slaughter and wool.I often think we'd all be better off under the benign rule of a nobility that knew you shouldn't regularly brutalize and destroy your peasants.Yours is but one example of one or two of us waking up to discover the emperor is naked!**
Wow, well put!!
Wow, well put!!
theretoo
New Member
OP, it depends on what the protected class is....I think that maybe an example may help you, I will provide info on my personal lawsuit that I have against my employer with details
My protected class is my disability
In my case, my employer uses a 3rd party entity for FMLA (so they can try to avoid liability and blame the 3rd party admin if something goes awry)
I had approved intermittent FMLA that my manager and supv wrote up corrective action for using (yes, they actually put in writing that my "excuse" was FMLA and they were counting the approved time as "attendance" problems). My HR director, when I told him to remove the illegal letters from my file, told me I had an attendance problem for using FMLA time that was approved by the 3rd party administrator.
My primary care physician put me out on 2 seperate FMLA blocks of 30 days each. My Primary care and a specialist documented me as being out on disability leave. The 3rd party admin denied both blocks of 30 day FMLA time, that was also documented by my primary care and specialist as being disability protected time. I was denied leave both times, however, they did approve the intermittent intervals that my manager and sup wrote me up corrective action for.
I clearly, now have in writing, sufficient documention to substantiate FMLA and disability discrimination, denied leave. There were many disciminitory conversations along the way as well over many months, including my HR director flat out telling me he did not believe me.
I could include more examples, but will suffice with this as a starter.
My protected class is my disability
In my case, my employer uses a 3rd party entity for FMLA (so they can try to avoid liability and blame the 3rd party admin if something goes awry)
I had approved intermittent FMLA that my manager and supv wrote up corrective action for using (yes, they actually put in writing that my "excuse" was FMLA and they were counting the approved time as "attendance" problems). My HR director, when I told him to remove the illegal letters from my file, told me I had an attendance problem for using FMLA time that was approved by the 3rd party administrator.
My primary care physician put me out on 2 seperate FMLA blocks of 30 days each. My Primary care and a specialist documented me as being out on disability leave. The 3rd party admin denied both blocks of 30 day FMLA time, that was also documented by my primary care and specialist as being disability protected time. I was denied leave both times, however, they did approve the intermittent intervals that my manager and sup wrote me up corrective action for.
I clearly, now have in writing, sufficient documention to substantiate FMLA and disability discrimination, denied leave. There were many disciminitory conversations along the way as well over many months, including my HR director flat out telling me he did not believe me.
I could include more examples, but will suffice with this as a starter.
theretoo
New Member
OP, it depends on what the protected class is....I think that maybe an example may help you, I will provide info on my personal lawsuit that I have against my employer with details
My protected class is my disability
In my case, my employer uses a 3rd party entity for FMLA (so they can try to avoid liability and blame the 3rd party admin if something goes awry)
I had approved intermittent FMLA that my manager and supv wrote up corrective action for using (yes, they actually put in writing that my "excuse" was FMLA and they were counting the approved time as "attendance" problems). My HR director, when I told him to remove the illegal letters from my file, told me I had an attendance problem for using FMLA time that was approved by the 3rd party administrator.
My primary care physician put me out on 2 seperate FMLA blocks of 30 days each. My Primary care and a specialist documented me as being out on disability leave. The 3rd party admin denied both blocks of 30 day FMLA time, that was also documented by my primary care and specialist as being disability protected time. I was denied leave both times, however, they did approve the intermittent intervals that my manager and sup wrote me up corrective action for.
I clearly, now have in writing, sufficient documention to substantiate FMLA and disability discrimination, denied leave. There were many disciminitory conversations along the way as well over many months, including my HR director flat out telling me he did not believe me.
I could include more examples, but will suffice with this as a starter.
As a quick note, most employers don't fare well in court on these things. Especially in state court....
My protected class is my disability
In my case, my employer uses a 3rd party entity for FMLA (so they can try to avoid liability and blame the 3rd party admin if something goes awry)
I had approved intermittent FMLA that my manager and supv wrote up corrective action for using (yes, they actually put in writing that my "excuse" was FMLA and they were counting the approved time as "attendance" problems). My HR director, when I told him to remove the illegal letters from my file, told me I had an attendance problem for using FMLA time that was approved by the 3rd party administrator.
My primary care physician put me out on 2 seperate FMLA blocks of 30 days each. My Primary care and a specialist documented me as being out on disability leave. The 3rd party admin denied both blocks of 30 day FMLA time, that was also documented by my primary care and specialist as being disability protected time. I was denied leave both times, however, they did approve the intermittent intervals that my manager and sup wrote me up corrective action for.
I clearly, now have in writing, sufficient documention to substantiate FMLA and disability discrimination, denied leave. There were many disciminitory conversations along the way as well over many months, including my HR director flat out telling me he did not believe me.
I could include more examples, but will suffice with this as a starter.
As a quick note, most employers don't fare well in court on these things. Especially in state court....
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