In a Title VII civil action the plaintiff must prove disparate treatment or disparate impact In proving disparate treatment the plaintiff must convince the court?

Answer 1

First thing you'd need to do is file a charge with the EEOC. The EEOC will investigate your claim(s), gather information from your employer, etc and make a determination on whether there is merit to move forward or not. If there's not merit to move forward, this means that the EEOC does not feel, based on the facts given to them, that you have a strong enough case that they are willing to bear the cost of a law suit. However, they will then issue you a "Right to Sue" letter. You MUST have this letter in hand before you can sue. As to the answer, since you'd be the plaintiff, the plaintiff almost always has the burden of proof on their shoulders, while the defandents just need to cast doubt (in criminal) and in civil cases the defense would also need to prove that they didn't. The courts, however, put a greater burden on the plaintiff(s). There's a lot of documentation you need to prove a disparate treatment or impact case. I, for example, am not an attorney, just to let everyone know, but I am 2 weeks shy of being a paralegal. I, just went thru something like this with my own employer. EEOC decided that I didn't have a case. Well, before the EEOC decided that, my employer and I engaged in Mediation. Turns out, it worked out a heck of a lot better than if they had received notice that my EEOC claim had been denied. Ok back to documents, my attorney, since I just found out today that it was denied (06/05/09) advised me to either supeana redacted employment records such as attendance, disciplinary, FMLA/ADA (which if redacted is able to be released as it doesn't show any signs of who it is), since I worked in a call center (I don't now, work in a different part of the company) a copy of the schedules for everyone, how many and what time they called in, when they called in/if they called in, any emails from supervisors, managers, directors, that have to do with you, including the responses, and printed attatchments if there are attatchments in the email, copy of the written company policies for your position AT THE TIME YOU FILED THE COMPLAINT, amongst other things. So, as you can see, it'be a lengthy process. The EEOC only gave me 1 week to get this additional documentation to them, if I wanted to pursue it. Hope this helps! Scott

Answer 2

that they were treated unfairly due to their membership in a protected class, such as race, gender, or religion. This can include showing intentional discrimination by providing direct evidence or establishing a prima facie case through indirect evidence. Ultimately, the plaintiff must demonstrate that their protected status was a motivating factor in the adverse employment action.