Proving Discrimination

[nvJob]

What is the name of your state (only U.S. law)? Ohio.

Once all requirments are met, such as you are in a protected class etc., how can it be shown you were discriminated against other than your were literally told "Im firing you because you are (the protected class)??

 

[eerelations]

Why are you starting a new thread yet again? I had to go all the way back through your last thread to determine what your question's all about...

You have filed a complaint with the EEOC. When they ask, tell them everything you know about why you think you were illegally fired. They will then investigate, and make a decision. You don't have to do/worry about anything else. Period.

 

[nvJob]

Thanks eerelations, I just have so many questions. From what I read, Ive kinda misunderstood what actually qualifies as discrimination. It just seems like its so hard to prove if they didnt come right out and say it. I dont know how these cases are dealt with. Are they cases where they concider circumstantial evidence, witnesses statementes and past treatment etc., Or do these carry no weight? I dont know.

 

[cbg]

Yes to all of the above.

 

[nvJob]

Thanks again cbg, Im just trying to get a better understanding on what they are actually asking me on the form. Example, when they ask me my why I "believe" this was discriminatory, I dont know if I need to go into my own personal convictions why I think they actually fired me (instead of the infraction they used) which includes past actions towards me, threats witnessed by others etc., etc.. Or just has anyone else out of your class gotten lesser discipline etc.? Nothing worse than answering a question that wasnt asked hehe.

 

[jmfg]

how is this not illegal?

how can they not hire men for a job because of having long hair, but women dont have too? it clearly states in one of the other threads, that an employer cannot discriminate between a male or female, unless it is circumstantial. like girls used to not be allowed to wear pants but now they can. how is this possible? i wanna sue this company. i have recorded proof saying the only way i will have the position is if my hair is cut. they even said thats the only thing holding me back. i dont get it.

 

[swalsh411]

It is legal to have different dress and appearance standards for men and women.

 

[cbg]

It is not illegal because multiple courts have ruled that this is an exception to the rule and that differing dress codes for men and women is NOT discriminatory.

That's why.

 

[jmfg]

re:

well does anyone know where this ruling is at? i would like to read about it specifically. i have searched but i dont know where any of that stuff is on this matter

 

[mlane58]

According to the EEOC, "A dress code must not treat some employees less favorably because of their national origin. For example, a dress code that prohibits certain kinds of ethnic dress, such as traditional African or Indian attire, but otherwise permits casual dress would treat some employees less favorably because of their national origin.

An employer may require all workers to follow a uniform dress code even if the dress code conflicts with some workers' ethnic beliefs or practices. However, if the dress code conflicts with religious practices, the employer must modify the dress code unless doing so would result in undue hardship."

 

[cbg]

http://www.ca11.uscourts.gov/opinions/ops/19974364.MAN.pdf

 

[jmfg]

ok cool. thank you very much for your help. is there a way to give positive feed back towards you? sorry im new here

 

[pattytx]

Just do it here in this thread. It's nice to hear positive comments once in a while.

 

[nvJob]

Yea I would also like to give everyone that has helped me positive feed back by giving me their honest opinion, and not sugar coating it. Some of it is tuff to hear, but the truth has that effect! I want to know what Im up against so thanks for the helpful replies to everyone.

 

[nvJob]

Can I request a copy of my medical file after being terminated?