The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964.
14th Amendment to the U.S. Constitution: Civil Rights (1868)
The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve Federal civil rights laws and provide for the recovery of compensatory damages in Federal sector cases of intentional employment discrimination.
Explain as clearly as possible what happened, why you believe it happened, and how you were discriminated against. Please include how other persons were treated differently from you, if applicable. If you were denied a benefit or service, please provide a copy of the denial letter.
Ratified in 1868, Congress and the courts have applied the 14th Amendment's Equal Protection Clause to many aspects of public life over the past 150 years.
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
Proving workplace discrimination in California can be one of the most difficult steps in a successful discrimination case. It can also be complex, confusing and frustrating.
The Equal Protection Clause requires the government to have a valid reason for any law or official action that treats similarly-situated people or groups of people differently.