In order to prove employment discrimination in court, an Evansville employment attorney will help his or her client identify and collect direct evidence. This evidence will allow legal counsel to prove the plaintiff’s intent to discriminate. However, it is not always possible to acquire direct evidence, and sometimes one must turn to circumstantial evidence as a last resort.
Circumstantial evidence in court
When attempting to prove that an employee has received disparate treatment in the workplace, an employee and his or her Evansville employment attorney must take case history into account while establishing prima facie. Prima facie is a fact presumed true until disproved. In order to establish prima facie in an employment discrimination case, an employee must effectively prove a list of facts.
• The employee must prove that he or she belongs to a protected class, such as a racial or religious group.
• He or she must demonstrate that the adverse employment action occurred.
• He or she must demonstrate that this adverse action was not also lodged against other similarly situated individuals at work who do not belong to the same protected class.
• The employee must demonstrate that he or she possesses the qualifications necessary for his or her position at work.
After the complaints have been made, the employer must offer a rebuttal to these claims that provides a legitimate, non-discriminatory reason for the action that occurred. Some courts will ask that discrimination be completely proven and that the employer’s explanation be completely disproven, while other courts simply require prima facie and allow the jury to make the final call.
Whatever the case may be, seeking the assistance of an experienced Evansville employment attorney will ensure that your own circumstantial evidence presents as strongly as possible in court. Contact the Siesky & Viehe Law Firm, PC at (812) 402-7700 for qualified legal counsel regarding your employment case today.