In the modern workplace, discrimination typically manifests itself in subtle forms. Corporate managers rarely utter discriminatory remarks or act in an overtly discriminatory manner.
If an executive is foolhardy enough to act overly discriminatory, however, employers often have no alternative but to terminate the executive and to make amends to affected workers, thereby eliminating the conditions which lead to litigation.
It is for this reason that employment discrimination litigation now generally involves circumstantial evidence. Plaintiff lawyers must prove a negative–that the only explanation for the treatment of their client is discrimination. To do this, plaintiffs typically attempt to prove their cases circumstantially, by creating doubt about the employer's claimed reason for the personnel decision at issue. (See infographic.)
Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader
Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:
- Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
- Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
Already have an account? Sign In Now
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
