What are the grounds for a valid employment discrimination lawsuit?
A recent review of rulings by New York judges reveals that in the U.S. District Court for the Eastern District of New York employment discrimination lawsuits are less likely than other actions to be dismissed early on in litigation. The Eastern District of New York encompasses the boroughs of Queens, Brooklyn, Staten Island, and Long Island, along with some outer boroughs. In total, over eight million people live within this jurisdiction, and the region encompasses major employers like Etsy and Kickstarter.
For employees, filing an employment discrimination lawsuit can be
For plaintiffs in New York, these findings are good news. It means that you have a better than 50/50 chance of your case at least making it to the discovery period. From there, however, slightly more employment discrimination cases are dismissed on summary judgment than all other cases. The Bloomberg report found that 56.7 percent of employment cases end in a summary judgment, as compared to 52 percent of cases overall.
Elements of a Viable Employment Discrimination Case
Federal and state laws ban certain forms of discrimination in the workplace. Under Title VII of the Civil Rights Act of
To have a viable claim for discrimination, an employee must introduce either direct or circumstantial evidence that shows the employee was a member of a protected class, the employee was qualified for the position, the employer took adverse action against the employee, and the employee was replaced by a person, not in a protected class. These basic facts should form the basis for your employment discrimination action. Your employment law attorney will assist you in assessing your case and determining your legal rights.