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Employment Discrimination with Abdul Kargbo | The Legal Zone Blog & Podcast Episode #21



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On today's episode of the #LegalZone we have another amazing episode where we tackle #employmentdiscrimination. With us today is Abdul Kargbo, an #addictioncounselor. He's here to discuss his #legalmatter where he was #terminated from his position as a #socialworker.

Join us as we discuss his termination and subsequent #lawsuit due to not being from the same #culture as #newemployees being hired.

What is Employment Discrimination?
The overall law concerning employment discrimination is that: Employers may not harass or discriminate against employees on the basis of:
Race
Color
Religion
Sex
National Origin
Age (40 or Older)
Disability

This means employers cannot hire, refuse to hire or fire OR TREAT AN EMPLOYEE DIFFERENTLY because of any of these 7 things.

But it doesn't stop there, once the employee shows this, then the employer can then present evidence to justify why the employee was fired. More often than not, the employee has committed some kind of undesirable behavior that is now exaggerated to justify the termination or mistreatment.

There are certain steps
Before you can file a suit, you must file a charge with the EEOC or Equal Opportunity Commission

There are time limitations - Anywhere from 180 to 300 calendar days.

Proving your case is not an easy task. Why?
One Reason is at-will employment.

What is at-will employment?
At-will employment means that an employer can fire an employee at "any time, for any reason." But not really. Not for one of the reasons listed above.

But how do you prove you were discriminated against for one of the reasons listed above and not anything else?

The McDonnell Douglas Framework
Under the McDonnell Douglass framework, an employee must:

First present evidence that he/she is a member of a protected class.

Second, show that he/she suffered an adverse employment action

Lastly, must show that they were replaced by a worker who is not a member of a protected class.

If you'd like to send #thelegalzone questions, comments or are interested in becoming a guest, email us at [email protected]

Video Participants:
Attorney John Salatti
Dr. Arlena Cheney
Attorney Solon Phillips
Client Abdul Kargbo
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Learn more about Solon Phillips and his latest book at https://www.solonphillips-author.com.

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