In an Atlanta employment discrimination case, the burden of proof rests on the plaintiff. In order to succeed at trial, the plaintiff must be able to prove each and every element of his or her case. Of course, the defendant in such a case is often quick to seek dismissal of the plaintiff’s lawsuit, sometimes before the discovery process has even begun. In some situations, dismissal of a particular complaint is warranted, but, more often, it is not.
Facts of the Case
In a recent employment discrimination case filed in federal court, the plaintiff was an African-American woman who began working for the defendant college in 2017. According to the plaintiff’s complaint, she was bullied at work and subjected to a hostile work environment. Approximately six weeks after she began her employment, the defendant terminated the plaintiff, allegedly verbally telling her that she was “just not a good fit” and then mailing her a letter stating that her discharge was due to her “failure to perform job duties as assigned.”
Thereafter, the plaintiff filed a charge with the Equal Employment Opportunity Commission, asserting claims of race discrimination, retaliation, bullying, and harassment by a co-worker. Presumably after that proceeding had been completed, the plaintiff filed suit against the defendant in federal court, asserting similar claims. The defendant filed a motion to dismiss the plaintiff’s complaint.
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