Originally Posted by Elan Tedronai
Any labor lawyers around? In at-will work states where people can be fired for literally anything short of a few enumerated discrimination issues, does the presumption of innocence not apply to employers firing employees? I mean does a man have to prove he was fired because of his age or does the employer have to prove it wasn't age the man was fired for?
What do you think, derpmaster 3000?
1. It doesn't matter whether it's an at-will work state, since federal law governs labor discrimination.
2. Federal law does not protect employees on the basis of sexual orientation (some states do, however.)
3. State labor law follows federal labor laws around like a sick puppy, because they were modeled after the federal laws and they adopt developments and changes in federal law wherever they can.
4. The following is the test which must be proven in an action for adverse employment action under Title VII:
a. The employee must demonstrate an adverse action occurred, that he is part of a protected class, that he was performing satisfactorily (if fired) / or qualified (for hiring, promotions, etc.), and that there was a causal link between the adverse action complained of and the employee's status as part of the protected class.
b. The employer then has the opportunity to offer evidence showing there existed a legitimate business reason for the adverse action (i.e., arguing there was no causal link). The employer need not show that this was the actual
reason for the adverse action.
c. The employee may then offer evidence showing that the separate business reason was merely pretextual.
In summation, this joke is pretty stupid.