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workplace discrimination cases are some
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of the most difficult to prosecute for
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the simple reason that to prove
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discrimination you have to prove motive
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when you’re trying to prove that you
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need a collaboration with the client
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there needs to be communication back and
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forth what clues do we have what
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evidence can we gather to prove that
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tricky issue of what motivated that
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decision-maker it’s not enough to just
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say this person got fired if this person
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believes they were fired based on their
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race or their age or their ethnicity or
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their sexual orientation or
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what-have-you
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I need to find a way to prove what was
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in somebody’s head when they made that
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decision it’s challenging but it’s also
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rewarded sometimes we look for patterns
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sometimes we look for coded language
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like we were looking for new fresh
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talent that’s a code we need to find
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creative ways to prove it and what
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sometimes concerns me most about
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discrimination cases is that people sort
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of intuitively know this people
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intuitively know that proving motive is
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hard and that therefore discrimination
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cases are hard and sometimes they’re
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afraid to call because they’re afraid
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they don’t know how to prove their own
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case with these difficult workplace
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discrimination cases where we have to
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prove motive what I always encourage
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people to do is talk to us we will
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explore the facts leave it to us if we
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think we can’t prove the case we will
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tell you that but often through a
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collaboration with the client we are
01:37
able to prove that difficult issue of
01:40
motive in a workplace discrimination
01:42
case
San Francisco, CA employment lawyer Jeremy Pasternak explains why discrimination cases are some of the most difficult cases to handle.