Every discrimination case involves some amount of he said/she said. Most acts of discrimination occur behind closed doors. So, the testimony will be all about a swearing match. But, that does not mean the two stories cannot be confirmed or denied. In a discrimination case, we would want to know, for example, the circumstances behind
A Western District of Texas decision applies the discredited “pretext plus” analysis in resolving a motion for summary judgment. The decision also fails to construe fact inferences in favor of the non-movant.
Continue Reading San Antonio Federal Court Applies Pretext Plus
Circumstantial proof is typically used in discrimination cases. Direct evidence of discrimination (ie, an admission by the harasser) is rare.
Continue Reading Many Types of Evidence Help Prove a Discrimination Case