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Discriminatory Firing Claims
I think I was fired because I’m a woman.I think I was fired because I’m a woman, how do I prove it?To prove you were fired, you must show all of the following:
1. That you are a member of a protected class (as a woman, you are);
2. That you were fired; and
3. That you were fired because you are a woman (e.g. a man was hired after you were fired). The FEHA covers employers with five or more employees for discriminatory discharge claims. Are women a "protected class"?Yes. As a woman, you are a member of a class protected from discrimination. How do I show that my legally protected class led to my discharge?Different kinds of evidence can show that you were discharged because of your gender. For example, if your supervisor makes sexually derogatory comments towards you, this may provide some evidence of discriminatory motive. If your employer hired a man after you were discharged, this could also constitute evidence that you were fired because you are a woman. Can I bring a claim even if I was not fired but I quit because of sex discrimination?Yes. If you quit because the sex discrimination at your place of employment was so unbearable, the courts may treat your resignation as if your employer fired you. This is called constructive discharge. The conduct that led to your resignation "must be so intolerable that any reasonable employee would resign rather than endure [it]." What could my employer do to deny my allegations, and how do I respond to its denials?An employer could deny your allegations by offering legitimate, non-retaliatory reasons for firing you. For example, an employer could say that it fired you because of poor work performance. You can respond to your employer’s denials by showing that the reasons offered by your employer were excuses and that the real reason for firing you was the fact that you are a woman.
Legal Glossary
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