Plaintiff seeks to recover actual, compensatory, liquidated, and punitive damages for discrimination based upon discrimination concerning his disability. Plaintiff submits a request to the court for lost salary and benefits, future lost salary and benefits, and compensatory damages for emotional pain and suffering.
The easiest way to prove unlawful discrimination is through the use of direct evidence. Direct evidence is the kind that, if believed, requires a conclusion that unlawful discrimination motivated the employer's decision. Direct evidence requires no inference or presumption.
Direct evidence of discriminatory intent may include evidence of actions or remarks of the employer that reflect a discriminatory attitude or comments that demonstrate discriminatory animus in the decisional process.
If it has been found to have been on a specified ground, then unfairness will be presumed. If on an unspecified ground, unfairness will have to be established by the complainant. The test of unfairness focuses primarily on the impact of the discrimination on the complainant and others in his or her situation”.
FACTORS/CIRCUMSTANTIAL EVIDENCE PROBATIVE OF INTENT Statistics demonstrating a clear pattern of discriminatory effect; The historical background of the decision and other decisions on comparable matters; The sequence of events leading up to the decision, as compared to other decisions on comparable matters;
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Direct evidence. Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
More important and substantive is the classification of crimes ing to the severity of punishment. This is called grading. Crimes are generally graded into four categories: felonies, misdemeanors, felony-misdemeanors, and infractions. Often the criminal intent element affects a crime's grading.
Mandatory Minimum Sentences: In Massachusetts, certain offenses carry statutory “minimum mandatory sentences.” That means that if convicted, the court cannot sentence the defendant to anything less than the mandatory sentenced specified under the statute.
Yes. Workplace discrimination is only illegal if it's because of race, gender, religion, sexual orientation, national origin, age (over 40), disability, pregnancy, genetic information, or military status.
Massachusetts is one of the states that has its own three strikes laws in addition to the federal statutes. The state-level bill was signed into law in 2012. If someone receives a third conviction for a violent felony, they must serve the complete maximum sentence required for that crime with no opportunity for parole.