Direct Evidence of Employment Discrimination During Depositions

Ft. Lauderdale employment discrimination attorney will explain to you that, as part of your employment discrimination lawsuit, depositions may be taken by the lawyers for both sides.

The two sides of a case are the plaintiff and the defendant. The plaintiff is the person who brings the lawsuit. The defendant is the employer who is being sued. In a deposition, the lawyer for one side questions a witness or representative for the other side, says a Ft. Lauderdale employment discrimination attorney.

Direct Evidence of Discrimination

One of the purposes of a deposition is to find out if there is “direct evidence” of discrimination toward the plaintiff, says a Ft. Lauderdale employment discrimination attorney. It is unusual to find direct evidence in employment discrimination cases, but if it exists, it can be very helpful to the plaintiff’s case.

Direct evidence may be used to thwart a motion for summary adjudication. A summary adjudication is a judgment made against one side or the other without the benefit of a trial. In this situation, the defendant may file a motion requesting a summary adjudication against the plaintiff.

There is no definition of direct evidence in either case law or statutory law; however, the Supreme Court has indicated that discriminatory statements made by managers or other decision-makers that relate to the decision making process can be considered direct evidence. Following are some statements that could be considered direct evidence of discrimination:

  • “We had only one promotion to give out, and it’s common knowledge that women are not ambitious, so we gave the promotion to a man.”
  • “We do not need any more Hispanics working here.”
  • “We do not like to hire handicapped people.”

If you would like to discuss your discrimination case with a Ft. Lauderdale employment discrimination lawyer, please call Mark J. Berkowitz P.A. at (954)527-0570 to schedule an appointment.