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How do you win a discrimination lawsuit?

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Quick Answer

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.

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Full Answer

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.

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