Would the situation be considered enough for a discrimination lawsuit?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 4 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption