Employment discrimination cases that do not involve direct evidence of discrimination are notoriously difficult to prosecute. However, with the aid of a talented Orange County wrongful termination attorney and a substantial amount of circumstantial evidence, it is possible for an employee to win a discrimination case.
Direct Evidence vs. Circumstantial Evidence
It is always easiest to prove a discrimination case using direct evidence against the employer. If this is not possible, then the only alternative is gathering circumstantial evidence, but it is noticeably more difficult to build a case because of the standard of evidence required.
The Employer’s Arguments
In an employment discrimination case, the employer simply has to prove that he or she did not discriminate against a specific trait of the employee, such as gender or race. For instance, the defense will most likely argue that the employee was terminated from the position due to a lack of qualifications.
The Prosecution’s Standard of Evidence
A practiced OrangeCounty wrongful termination attorney will be familiar with the strategies that employers commonly employ against discrimination charges. The complainant will need to clearly display the employer’s acts of discrimination, as well as show that the discrimination was limited to him- or herself only. The prosecution must also prove that the employee was qualified for the job and that the employer illegally discriminated against a certain trait embodied by the employee.
If you have been a victim of discrimination, you deserve justice. Call Daily Aljian LLP now at (949) 861-2524 to find an OrangeCounty wrongful termination attorney who will fight for the justice you deserve.