Preliminary Information Needed - Employment
Generally, you will be asked to provide evidence which
establishes a legal basis for filing a complaint. This is called a prima
facie case. Examples of the evidence necessary for the most frequent
employment cases follow.
CP = Charging
Party S =
Supervisor R = Respondent
Proof of Disparate Treatment via Circumstantial Evidence
(discharge/discipline)
Prima facie case:
-
CP is a member of protected class
-
CP was qualified for job at issue and performing at
satisfactory level
-
CP was discharged or otherwise disciplined
-
CP was replaced by employee outside the protected class
(this is not always a required element of proof)
Sexual Harassment
Prima facie case:
-
S made unwelcome sexual advances toward CP
-
S took tangible employment action against CP based on CP's
reaction to the sexual advances.
Hostile Environment Harassment (on any protected basis,
including sexual harassment)
Prima facie case:
-
CP was subjected to unwelcome comments or conduct based upon
his\her protected class status
-
The conduct was sufficiently severe or pervasive to
interfere with CP's work performance or create hostile environment (measured
by standard of reasonable person in CP's situation)
-
R knew or should have known of the harassment and failed to
take immediate and appropriate corrective action.
-
If harasser is not an employee of R, R had some control over
individual
Retaliation
Prima facie case:
-
CP opposed what s\he reasonably and in good faith believed
to be an unlawful employment practice or CP participated in the EEO process.
-
R had actual or constructive knowledge of CP's opposition or
participation
-
R subjected CP to adverse treatment
-
There was a causal connection between CP's protected
activity and the adverse action (shown, e.g., by timing of adverse treatment
soon after CP's protected activity)
Discriminatory Qualification Standards and Selection Criteria
Under ADA
Prima facie case:
-
CP has physical or mental impairment that substantially
limits one or more major life activities
-
A neutral qualification standard or selection criterion
screens out CP on the basis of his\her disability and CP satisfies the other
job requirements
ADA: Failure to Provide Reasonable Accommodation
Prima facie case:
-
CP is a qualified individual with a physical or mental
impairment that substantially limits one or more major life activities
-
CP notified R of his\her disability and need for
accommodation
-
There is an accommodation that would allow CP to participate
in the application process; to perform the essential functions of the job;
or to enjoy equal benefits and privileges of employment
-
R failed to provide an effective accommodation
NOTE: CP's claim is not necessarily defeated if an
element of the prima facie case is missing, as long as there is other evidence
which reasonably gives rise to an inference of discrimination. Also, a
claim should not be dismissed based on lack of evidence if CP was not in a
position to have access to such evidence.
Home Back
|