Civil Law Essay

Decent Essays

Generally, in order for the claimant to be eligible to file a civil case in Federal Court, they must exhaust all administrative remedies by filing with the EEOC. In addition, the claimant that is contemplating filing a lawsuit should assess their case for viability and the mandatory criteria. In fact, evaluation of the claims and knowing the answers to these questions before filing will save the claimant time and money.

A. Was there a real injury or wrong? A loss of a job, decreased wages, defamation of character, harassment, mental stress or retaliation and termination for partaking in a protected activity.

B. Jurisdiction. Where will you file your case? Civil Rights cases such as employment discrimination lawsuits should be filed in …show more content…

Or, if the case is being heard by a jury, the judge may direct the jury to rule in favor a declare a verdict for the respondent.

G. The Burden of Proof. Can you prove your claim? In civil cases, the plaintiff has the burden of proving his case by a preponderance or more convincing evidence that is probable truth or accuracy. The burden of proof is established and coincides with tangible material or facts, the plaintiff’s or witness’s testimony; which will go beyond a reasonable doubt.

H. Making a Prima Facie Case Under Title VII

In discrimination cases brought under Title VII, the courts have established criteria that plaintiffs must meet in order to prove prima facie or "first glance". First, if an employee presents evidence for each requirement; the employer must counteract and present evidence that proves their decision was not discriminatory. If an employee can't make a prima facie case or prove with documents, or verbally from a testimony of an eyewitness; the employer can ask the judge to dismiss the lawsuit. The elements that prove prima facie or at first glance of a claim of discrimination.

1. The employee is in a protected class (based on their race, gender, and so forth).

2. The employee was qualified for the position, but wasn't hired, even though s(he) met the requirements for the job.

3. An employee who was terminated must prove that s(he) was able to perform the job adequately and

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