It is illegal to intentionally discriminate a person according to anti-discrimination statutes and also the Title VII. Under these statutes, you are supposed to proof that your employer had motive of engaging in adverse work related action. Thus, a lawyer would evaluate whether the worker has direct evidence linking the employer with intentional discrimination.
Direct evidence according to courts’ interpretation refers to evidence that proves facts without presumption. For instance, direct evidence may proof that the employer’s was taken because of a protected class or membership. In other instances, some companies may indicate the preference to recruit young men aged between 30 and 40, is a direct evidence of discrimination. Additionally, an employer may be liable to direct evidence if he makes derogatory statements about the protected group in which the employee is a member.
For example, direct evidence has been found in cases where an employer calls an employee a ‘dumb Mexican’, who is of Mexican-American origin. Also, another employee referred to a female complainant as ‘an old warhorse’, and called her students ‘little old ladies’. All these cases amount to discrimination. Direct evidence of discrimination is not common, and it can be proven by circumstantial evidence.
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