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Discriminatory Firing Claims
I think I was fired because I’m a woman.What constitutes wrongful termination on the basis of gender?Wrongful termination on the basis of gender occurs when an employer fires a female employee because she is a woman. How do I prove a claim of wrongful termination on the basis of gender?There are generally four legal requirements that you must meet in order to establish a wrongful termination claim. These requirements may vary slightly according to the region of the country in which you reside. The four legal requirements are that:
1. you are a member of the protected group;
2. you were qualified for the job;
3. you were terminated from the job; and
4. other males were treated more favorably. It is important for you to know that, although courts try their hardest to apply the law in parallel fashion across the country, sometimes different courts will place a different level of importance on one requirement over another depending on the circumstances surrounding each case. How do I prove I belong to a protected group?Title VII protects women. Therefore, a simple gender stipulation suffices. How do I prove that I was qualified for the job?The employer’s performance records may be considered to establish whether you were qualified or not. Records that show a positive history of work performance will be extremely helpful in determining that you in fact qualified for the job. How do I prove that other males were treated more favorably?Evidence that men under similar circumstances were treated with more leniency, such as receiving warnings or counseling, as opposed to termination, has usually been determined sufficient evidence to establish more favorable treatment towards men. Caveat: the employee to whom you compare yourself with must be placed in nearly identical terms of employment. In other words, a supervisor will generally need to compare herself with another male supervisor that has similar responsibilities, and so on. Facts used to establish the four legal requirements can also be used to demonstrate that the employer’s reason for taking the adverse action was neither credible nor the true determinative factor in making its decision. What could my employer do to deny my claim?The employer must present some legitimate, nondiscriminatory reason for discharging you. Inability to maintain a professional working relationship with fellow employees coupled with statistical evidence showing below average work performance on your part may be sufficient to establish nondiscriminatory intent by the employer. Termination of an employee due to a violation of company policy, which states termination as the penalty for its violation, will generally be considered a legitimate reason for termination. What happens next?You must then present evidence demonstrating that the employer’s stated reason is an excuse to conceal gender discrimination or that more likely than not a discriminatory purpose was a determinative factor in the decision to terminate you. You must state reasons that are more than mere opinions. An employer’s decision to penalize you for past errors which were initially overlooked has little credibility in court, because it shows that the reason is merely an excuse to terminate you. The employer’s decision to terminate you in deviation from its regular procedures may also be used as evidence demonstrating that the true reason for termination was more likely than not the your gender. Keep in mind that the stated arguments are not exhaustive; consequently, there may be other ways by which you can establish the legal requirements and that the employer’s proffered reason for terminating you is a cover-up for discrimination.
Legal Glossary
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