09/30/2015
It’s hard to convince a judge or jury that the same person who hired someone knowing his protected status would later turn around and fire that employee because of that very protected status. That’s one reason you should keep careful track of which manager recommended hiring someone who is obviously a member of a protected class—such as an employee who is disabled because of a missing limb.
09/30/2015
It doesn’t take much for an employee who has been terminated to take a discrimination claim to court. For example, all a woman has to allege is that she is a member of a protected class (female), was qualified for her job, was discharged and was replaced by someone who is not a member of her protected class—that is, that a man replaced her. It’s then up to the employer to prove it had a legitimate, unrelated reason for the termination. It can’t rely strictly on her status as at-will.