Ask The Lawyer

By Debra Roth

Q & A Session – Discrimination in a Promotion

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

What does a complainant need to prove in order to prevail in a case where he claims discrimination in a promotion?

A:

There is no concrete answer to this question. You must prove by a preponderance of the evidence that the illegal discrimination was the reason for the action that is part of your case. How and whether to do this varies from case to case and often depends on credibility of witnesses and the outrageousness of the actions experienced by a complainant.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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