What are the elements necessary to establish a workplace discrimination case

Asked about 6 years ago - Fairmount, GA

if youve worked with a company 2 yrs and a nother employee for 1yr. im a male shes female.if the manager tells
thesupervisor to give her a raise becouse shes cute.we both do the same job. except im doing a little more. shes had more complaints at her location than at mine.what should i do and do i have a discrimination case

Attorney answers (1)

  1. A Steven Porter

    Contributor Level 4

    Answered . You probably cannot make a legal challenge to the fact that your female coworker received a raise under questionable circumstances. The question is whether you were denied a raise or receive less pay because you are male. If you can prove that, you may have a case of sex discrimination under Title VII of the Civil Rights Act of 1964, and, possibly, under state employment discrimination laws. The elements of a prima facie case under Title VII are: 1) You are a male, 2) you performed your job up to the employer's reasonable expectations for receiving a raise, 3) you were denied a raise, 4) a less qualified female coworker, similarly situated, received a raise. If you meet these elements, the employer would have to articulate a legitimate business reason for why you did not get the raise. If the employer articulates such a reason, you must prove that the reason given by the employer is not worthy of credence or that intent to discriminate based upon your gender was the actual reason.

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