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It takes more than protected status to win lawsuit

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in Discrimination and Harassment,Firing,Human Resources

Here’s some good news for employers. Courts are beginning to toss out more lawsuits in the early stages if it becomes clear an employee has no case. Judges are telling employees they have to come to court with real facts—not just allegations they were discriminated against.

Recent case: Ollie Pinkey was fired from her job and not given a reason. She immediately sued, alleging sex discrimination. But the court demanded specifics beyond the fact she was the only female in her job classification. (Pinkey v. Maverick Condo Association, No. 6:11-CV-241, MD FL, 2011)

Final note: Because the employer didn’t give her a reason for termination, it was harder for her to come up with discrimination examples. Had she been fired for tardiness, for example, she could have looked for a tardy man who wasn’t fired.

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