Would the situation be considered enough for a discrimination lawsuit?

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Would the situation be considered enough for a discrimination lawsuit?

3 coworkers1 male and 2 females all
rode to work together, took lunch
together, and all turned in the exact
same hours. All 3 were accused of lying
on their hours, but only the females
were let go. The male employee still
works for the same company.
Would this be enough for a
discrumination lawsuit?

Asked on February 27, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is enough to initiate a legal action or complaint to the federal EEOC, since it sets out a "prima facie" (think: "on its face") claim for discrimination. It may not be enough to win, since the employer has the opportunity to present evidence of a non-discriminatory reason for the action. If the employer can present credible evidence of such a reason--for example, that the male was more senior than the women, and so was treated differently; or the women had prior discriplinary or performance issues that the man did not--they can avoid liability by showing that the terminations were not due to discrimination.


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