Employment Discrimination

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“When it is alleged that bigoted remarks are laughed at by fellow employees and managers, even when those remarks are not directed at the plaintiff, it becomes more likely the plaintiff will show pretext.”

Rideout v. Allstate Insurance Co., 2013 WL 6061330 at *6 (N.D. Miss. November 18, 2013) (Mills, J.).

 

 

“So long as a plaintiff meets the ‘minimal’ initial burden of establishing a prima facie case of discrimination, she is entitled to a presumption of discrimination….  Although the precise elements of this showing will vary depending on the circumstances, the plaintiff’s burden at this stage of the case is not onerous.”

Hall v. RDSL Enterprises…

“Mr. Obasogie claims that, when he asked his supervisor, Frank Baldwin, why he had not been promoted, Mr. Baldwin told him that he was ‘too old’ and that he was ‘not comfortable’ as Mr. Obasogie’s manager because Mr. Obasogie was ‘too much older than him…. The Court believes that the comments could constitute direct evidence…

“Police Commissioner Ford learned of an allegation of sexual harassment by officer Kingdom and admittedly did not report the incident to the board, … Kingdom was fairly notorious.  Mayor Willis stated that he learned of some of Kingdom’s actions through ‘street-talk….” Kingdom’s continued work as a police officer provided an outlet to harass various women.  …

“Hall presented evidence that younger employees were trained to move into positions that assumed the duties of the food prep position—a position that Hall presented evidence was being phased out of RDSL’s corporate structure. Hall further presented evidence that unlike her younger counterparts, she was not trained for this new position. This evidence is the…