Tennessee Employment
discrimination lawyers
Federal laws prohibit discrimination because of one's age, race, gender, religion, national origin, a protected disability, the disability of a spouse or a child, use of FMLA, due to the use of medical benefits, due to military service, due to jury service, and due to other protected reasons. Most state laws prohibit some or all of these forms of discrimination.
There are many ways of proving discrimination, and if you believe you have been discriminated against in connection with the termination of your employment, please let us evaluate your case. It is rare that an employer will make a statement indicating a discriminatory intent during a termination (i.e. “I'm firing you because I want someone younger”, although this does happen), but often times remarks indicating a bias or discriminatory intent are made in the days leading up to a termination. These statements can help prove a discriminatory motive. Also, circumstantial evidence can help prove a discriminatory intent such as, in an age case, firing older employees while hiring younger employees, or treating older employees differently (more harshly) than younger employees.
A person's age, race, or sex, however does not need to be the only reason to make an adverse action, such as termination, illegal. Age, race, or sex merely has to be a factor that made a difference in the employment decision. In other words, even if there are other nondiscriminatory reasons for the employer's actions, an adverse action is illegal if a person's age, race, or sex was a factor that made a difference.
In discrimination cases, it is often necessary to able to prove the employer's stated "nondiscriminatory" reason for an adverse employment action is a pretext or is trumped up. Demonstrating that the employer's explanation is not worthy of belief may show pretext. To meet this burden, the employment attorney must have obtained the relevant documents and have the ability to cross-examine witnesses effectively in order to show the reason stated for termination is trumped up and not the real reason. In our view, the ability and desire to do so in a wrongful discharge case or a discrimination case is an art, and it is our passion. Often, it is during this process where cases are won and lost.