Question

Juan is an employee of ABC Corp. He believes that his current manager treats him unfairly because of his Hispanic heritage. When a position comes open in his company for promotion, Juan applies for the position. Juan’s manager hires another Caucasian employee with less seniority and fewer credentials for the position. He believes that he was discriminated against by not being selected. If Juan decides to bring a discrimination action against ABC Corp, what will he have to show in order to prevail?

Answer 1

Answer: In order to show that the discrimination has taken place Juan needs to prove that his eligibility for the post was better as compared to the candidate selected. He needs to produce proofs of his qualifications like college degree, past experience and performance. These proofs need to be used as the circumstantial evidence at the court against the employer where the lawyer is required to use them to prove that the discrimination has taken place. It is not easy to prove such cases as there are often no direct evidences present. But by highlighting the eligibility and the racial angle in the case Juan can create circumstantial evidences at the court that may help in prevail.