Legal Question in Employment Law in California

Can an employer be sued if they lay off their only Black employee?


Asked on 2/26/13, 8:48 pm

2 Answers from Attorneys

An employer can be sued for anything. The question is whether it will be successful. Before laying off the only Black employee, the employer should make absolutely certain that race plays no role in the decision and that they can back that up with evidence.

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Answered on 2/26/13, 9:02 pm
Terry A. Nelson Nelson & Lawless

Anybody can sue anybody for anything. But, to succeed on a race discrimination case, you'll have to somehow show the termination was 'motivated by race'. You said nothing about facts that would support such claim, except the coincidence that you are black. Admittedly, it is risky to terminate the only black in a large group of employees, but if they claim and show valid business reason for it, such as performance problems or seniority issues, the burden shifts to you to prove their 'real motive' was race. Feel free to contact to discuss what evidence and facts you actually have in support of your claim. I've been doing these cases for many years, and will be happy to help you if you have a valid case.

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Answered on 2/27/13, 10:29 am


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