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
San Antonio Federal Court Applies Pretext Plus
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.
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Many Types of Evidence Help Prove a Discrimination Case
Circumstantial proof is typically used in discrimination cases. Direct evidence of discrimination (ie, an admission by the harasser) is rare.
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