On today's episode of the Legal Zone we have another amazing episode where we tackle #employmentdiscrimination. With us today is Abdul Kargbo, an addiction counselor. He's here to discuss his legal matter where he was terminated from his position as a social worker. Join us as we discuss his termination and subsequent lawsuit due to not being from the same culture as new employees being hired.
What is Employment Discrimination?
The overall law concerning employment discrimination is that: Employers may not harass or discriminate against employees on the basis of:
- National Origin
- Age (40 or Older)
This means employers cannot hire, refuse to hire or fire OR TREAT AN EMPLOYEE DIFFERENTLY because of any of these 7 things.
But it doesn't stop there, once the employee shows this, then the employer can then present evidence to justify why the employee was fired. More often than not, the employee has committed some kind of undesirable behavior that is now exaggerated to justify the termination or mistreatment.
There are certain steps Before you can file a suit, you must file a charge with the EEOC or Equal Opportunity Commission There are time limitations - Anywhere from 180 to 300 calendar days.
Proving your case is not an easy task. Why?
One Reason is at-will employment.
What is At-Will Employment?
At-will employment means that an employer can fire an employee at "any time, for any reason." But not really. Not for one of the reasons listed above. But how do you prove you were discriminated against for one of the reasons listed above and not anything else?
The McDonnell Douglas Framework
Under the McDonnell Douglass framework, an employee must:
- First present evidence that he/she is a member of a protected class.
- Second, show that he/she suffered an adverse employment action.
- Lastly, must show that they were replaced by a worker who is not a member of a protected class.
Attorney John Salatti
Dr. Arlena Cheney
Attorney Solon Phillips
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Solon Phillips, Partner of the General Litigation Group at Remus Enterprises Law Group, is an experienced legal professional with extensive experience working in large law firms while devoting much of his spare time in volunteer work in public service.