Question
It is often difficult to prove discrimination since there is rarely a smoking gun or direct written statement claiming that the employer intends to discriminate
It is often difficult to prove discrimination since there is rarely a "smoking gun" or direct written statement claiming that the employer intends to discriminate against someone. That is why circumstantial evidence is so important in these cases, and the plaintiff's challenge is to present all the circumstantial things as a picture or mosaic to prove that discrimination was the cause of an adverse employment action.
A good example of this is the Jones case. Here a school district employee was terminated due to their age.
After reading the material and this case, how do you think the employer could have lawfully restructured their organization to avoid this lawsuit?
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