Assuming that your employer can offer any explanation at all for terminating your employment, you must next consider whether you can prove that the reason is just a pretext, a cover-up for discrimination. You may be able to prove that the employer's stated reason is just a cover-up or pretext for discrimination if you can prove any of the following:
Employers | Australian Human Rights Commission
In court, an employer has the opportunity to offer a legitimate, non-discriminatory reason for its conduct. The law only requires the employer to articulate, or state, a reason for its conduct. It does not have to prove that it is the true reason.
Home- Rhode Island -Office of Diversity, Equity & Opportunity
Peter has a physical disability and relies on a wheelchair. He works as a marketing employee. On his last project, he made some mistakes. Peter's manager tells him that he&rsquo ll need to do some training to develop his skills. Peter continues to make mistakes after he has done the training. As a result, Peter's employer changes his duties to more general administration tasks while he does more training.
Workplace Retaliation - FindLaw
The Workplace Gender Equality Agency offers workshops on pay equity. Find out more about their Workshop: practical guide to pay equity .
More recently, the EEOC ruled on July 67 that Title VII policies include protections for gay, lesbian and bisexual employees as well. The decision came from a case involving an air traffic control specialist from the Federal Aviation Administration in Miami who said he was not promoted due to his sexual orientation as a gay man.
If the employer cannot offer a legitimate reason for your termination, the presumption remains and you have proven a case of discrimination. However, don't count on this happening. You may think, "My employer can never come up with a good reason for firing me!" Recall, however, that your employer doesn't need a "good" reason, just any reason besides your protected status. The vast majority of employers can do this.
The outcomes of all investigations are provided in a comprehensive report that includes making findings as to whether, on thebalance of probabilities (Briginshaw), the complaint has been made out.
We deliver our findings in a written report, which deals with evidentiary matters and provides insight into underlying causes such as lack of capability, culture, and management style.
Before finalising the investigation report and making findings (and if requested, recommendations), consider the following:
Yes, in most cases. With health insurance costs raising dramatically in recent years, especially for smokers, many employers have started charging smokers higher premiums. Employers hope that increased premiums to smokers will encourage them to quit smoking, saving money and future health problems. The Patient Protection and Affordable Care Act (ACA), which eliminates discrimination for many health conditions, still permits employers and insurers to increase premiums for smokers while reducing premiums for non-smokers. Even the state laws that protect smokers from being fired for smoking contain exceptions that allow employers to charge smokers higher insurance premiums.
"Anti-discrimination in the workplace" in pictures. More images "Anti-discrimination in the workplace".
