Probable Cause?

[rhh]

Minn. Department of Human Resources finds No Proable Cause for age descrimination. One attorney says this is a killer to the case. Another is not concerned by the finding. Will this sink a case?

Any thougths?

 

[mitousmom]

A finding of no probable cause means that the state agency didn't find evidence of age discrimination during its processing of the case. Should you decide to file a lawsuit in federal district court, the court will hear the matter de noveau, or without regard to the state agency's finding. However, as a practical matter, a no probable cause finding makes it hard to retain a lawyer to represent you and, assuming the state agency conducted an investigation, means that it didn't find sufficient evidence of age discrimination. It's hard to prevail in federal district court with the evidence supporting a probable cause finding, so it's going to be much harder without that evidence. And to win in court, you will need evidence to establish to the court that you suffered discrimination.