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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? You must show that:
1. you are a member of a protected class, which you are, being a woman;
2. you were similarly qualified for the position from which you were discharged; and
3. that you were replaced by a male. Are women a "protected class"?Yes, women are a protected class under the MHRA, which prohibits discrimination on the basis of sex. How do I show that my legally protected class led to my discharge?Proof of discrimination can be shown by direct evidence of a discriminatory motive, such as where an employer announces that he does not think women can succeed in certain positions. Alternatively, where direct evidence is not available, you can show discrimination by indirect means. For example, if you can prove that there was no valid reason for your termination, and your employer cannot convince the court otherwise, you have a good chance of convincing the court that you were discharged because you were a woman. What could my employer do to deny my allegations, and how do I respond to its denials? Your employer would have to show that there were other legitimate reasons for your discharge, such as poor work performance, insubordination, tardiness, etc. You then would have to show that these reasons were pretextual or false, and that the real reason was because you are a woman.
Legal Glossary
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