00:04
workplace discrimination cases are some
00:06
of the most difficult to prosecute for
00:08
the simple reason that to prove
00:11
discrimination you have to prove motive
00:13
when you’re trying to prove that you
00:16
need a collaboration with the client
00:18
there needs to be communication back and
00:20
forth what clues do we have what
00:22
evidence can we gather to prove that
00:24
tricky issue of what motivated that
00:27
decision-maker it’s not enough to just
00:29
say this person got fired if this person
00:32
believes they were fired based on their
00:34
race or their age or their ethnicity or
00:37
their sexual orientation or
00:39
what-have-you
00:39
I need to find a way to prove what was
00:42
in somebody’s head when they made that
00:44
decision it’s challenging but it’s also
00:48
rewarded sometimes we look for patterns
00:51
sometimes we look for coded language
00:53
like we were looking for new fresh
00:56
talent that’s a code we need to find
00:59
creative ways to prove it and what
01:02
sometimes concerns me most about
01:03
discrimination cases is that people sort
01:06
of intuitively know this people
01:08
intuitively know that proving motive is
01:11
hard and that therefore discrimination
01:13
cases are hard and sometimes they’re
01:15
afraid to call because they’re afraid
01:17
they don’t know how to prove their own
01:19
case with these difficult workplace
01:22
discrimination cases where we have to
01:23
prove motive what I always encourage
01:26
people to do is talk to us we will
01:28
explore the facts leave it to us if we
01:31
think we can’t prove the case we will
01:33
tell you that but often through a
01:35
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