The Law Office of Kevin Schwin states that to win a discrimination lawsuit, the plaintiff has to prove the defendant acted with a specific legal motivation, such as discriminating against the individual because of sexual orientation, national origin or sex. No matter what the case, it should always be handled by a lawyer who is experienced with discrimination cases.Continue Reading
Discrimination cases are made stronger when there is an abundance of circumstantial evidence, notes the Law Office of Kevin Schwin. An example of circumstantial evidence is when individuals or employees who experienced similar conduct from the defendant were not treated in the same discriminatory fashion as the plaintiff.
Another way to help win a discrimination case is to use evidence to prove the defendant's reason for its actions is false. For instance, if a manger fires an employee for giving a customer free food, but both the employee and the customer go on record saying the employee never gave the customer free food, then the falsehood might be the evidence needed to win the discrimination case. Proving the defendant lied may not necessarily be the only or final piece of evidence needed to successfully win the case since discrimination may not have been the prime motive for lying, according to the Law Office of Kevin Schwin.Learn more about Law
A defendant in a lawsuit is served a summons and a complaint, formal legal documents that give the defendant notice that he is being sued, which lay out the claims, facts, legal rationale, and damages or relief sought by the plaintiff, according to the American Bar Association. In some cases, such as domestic relations disputes, the defendant is referred to as the respondent.Full Answer >
Filing a lawsuit for breach of contract requires the party bringing the suit to prove the existence of a valid contract, that the terms of the contract were breached, that the defendant is the correct party to sue and that damages have been incurred, according to Nolo. A contract is any agreement between two or more parties that is enforceable by law, notes Cornell University Law School.Full Answer >
Ways to fight wrongful employment termination include the negotiation of a severance agreement that includes just compensation, filing a discrimination charge with the Equal Employment Opportunity Commission, or filing a lawsuit, according to Findlaw. The best remedy depends upon the reason the termination was wrongful.Full Answer >
Under federal law as of 2015, tenants have the right to be protected from discrimination on the basis of race, sex and religion, the right to a habitable home and the right to privacy, states FindLaw. Individual states and cities have further housing laws detailing tenants' rights.Full Answer >