In order to be successful in an Atlanta employment discrimination lawsuit, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. This requires time, skill, and perseverance, so it is important to talk to an attorney who is experienced in this field of the law if you believe that you may have a case. In most cases, the court will dismiss the plaintiff’s claim(s) well in advance of trial if he or she is not able to put forth credible evidence to support his or her case.
Facts of the Case
In a recent case, the plaintiff was an African American man who worked as a machine operator in the fabrication department of the defendant employer but was fired after an incident in which a fellow employee was arrested for possession of marijuana in the workplace. According to the employer’s version of events, the plaintiff could not explain what was in his hand in a video that was taken of an apparent interchange between him and the employee who was later arrested. The plaintiff contended, however, that he told the employer that another employee had asked him to buy her a drink and that it was her change that was in his hand. The parties agreed that, after this discussion concerning the video, the plaintiff was terminated from his employment.
After filing a discrimination charge with the Equal Employment Opportunity Commission and being granted a right to letter, the plaintiff filed suit against the employer, as well as a supervisor, a manager, a human resources manager, and the vice-president of the company, asserting claims for disparate treatment and retaliation under Title VII, 42 U.S.C. § 2000e et seq, as well as for defamation. After the United States District Court for the Southern District of Georgia, Waycross Division, granted partial summary judgment to the individual defendants on the plaintiff’s Title VII claims, the employer filed a motion for summary judgment as to both claims pending against it.
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