Legal Question in Employment Law in Washington

What is needed to prove sexual discrimination

I was told by my supervisor that I was being discriminated against on the basis of my sex and not hired into a managerial position that I previously held for 3 years. I have a spotless employment record with numerous awards. What do I need to do to prove sexual discrimination on the part of the employer? The two men that were hired into the position that I previously held, both have less experience than I do and one has no management experience. My supervisor told me ''I would not be hired back into a managerial positon due to being a woman.'' I am currently unemployed and have been for the past two months.


Asked on 3/31/04, 12:48 am

2 Answers from Attorneys

Robert Kornfeld Robert B Kornfeld, Attorney at Law, Inc., P.S.

Re: What is needed to prove sexual discrimination

I think on the facts you placed in your inquiry, you have a case which appears to be meritorious and I'd be interested in talking to you about it.

I offer a free initial consultation. If you are interested in speaking to me, feel free to call 1 800 282-4878. I work on a contingency fee and there is no money up front. This means you pay nothing unless I collect.

Rob

[email protected]

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Answered on 3/31/04, 1:13 am
David Black HR Juris, PC

Re: What is needed to prove sexual discrimination

Generally to prove unlawful sexual harassment you need to show:

[1] either direct evidence or circumstantial evidence of discriminatory "animus" or motive and

[2] that such motive played a role in a tangible employment decision [a decision that affected the terms and conditions of employment].

Direct evidence is evidence that shows sex discrimination without the need for inferences. Examples are memoranda or other communications that are facially discriminatory.

Circumstantial evidence of sex discrimination is evidence that requires the fact finder to make inferences -- usually about causation. Examples include timing, more favorable treatment accorded to similarly situated males, or bogus rationales provided by employers.

The comment from your manager sounds like direct evidence. Such evidence can usually get you to a jury. Circumstantial evidence is weaker and typically more is needed. You should consult an attorney who focuses his or her practice on employment law as this area is very complex. I'd avoid personal injury attorneys or attorneys who do several types of law.

And remember. . . you get what you pay for.

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Answered on 4/12/04, 12:29 pm


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