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What are the biggest challenges you face in discrimination cases?
What are the biggest challenges you face in discrimination cases?
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discrimination
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the inheritance of discrimination cases
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present a very unique challenge from
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other areas in law which is probably why
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i like it so much
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in other areas of law like injury law
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and things of that nature
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the the determinant is negligence
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but here in employment law you can’t
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discriminate negligently or by accident
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you have to discriminate intentionally
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so i have to balance that with the
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expectations of the client you know
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there’s a there’s a circumstantial
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method
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of proving these employment
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discrimination cases
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and and they’re tough to do the law has
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has been
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has come out sometimes harshly
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against employees in recent times
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and you have to be able to look at a
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factual pattern
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and show that that for example race
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was a motivating factor using the texas
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standard
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in the reason this person was not
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promoted
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over another person you know race cases
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present their own
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challenge because you’re you’re always
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you’re the race you were before you
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started employment
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and while you’re getting promoted it’s
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the same and it’s sometimes difficult to
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prove
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that race was that motivating factor but
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we we dig deep we analyze credentials we
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analyze
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awards or accomplishments so probably
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more so than awards
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and things like that that have that have
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affected the person that we’re trying to
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help in
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in a discrimination case and the same
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standard
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um you know race might be a might be a
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difficult example but
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disability disability discrimination
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is is sometimes
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the easier type of discrimination case
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to to show
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because that’s a different demarcation
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you have
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somebody who’s working for a company in
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a role progressing up the chain
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and has the coronary or unfortunately
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gets diagnosed with cancer they’re able
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to do the job
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but all of a sudden you see
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opportunities diminish
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that’s something that’s somewhat easier
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to prove than maybe
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other types of discrimination case age
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discrimination cases present their own
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challenges
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uh you know you could see i just filed a
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case just last week
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on almost a forced ranking type of
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system where
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somebody is performing well for you know
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for 25
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30 years and all of a sudden the ratings
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the performance ratings drop off
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substantially
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well nobody works at a company 30 years
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by accident
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they’re they’re a good employee and you
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have to show
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that there are there are situations
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present
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that show age was a motivating factor in
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that decision
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Houston, TX employment law attorney Gregg M. Rosenberg discusses the biggest challenges faced in discrimination cases.
