Can Racial Discrimination Be Proven with Circumstantial Evidence Alone?
SITUATION An equipment repair technician who also happens to be the lab’s only African American employee endures racial abuse at the hands of his supervisor and co-workers. He complains to management and is warned to “stay in his lane.” Shortly thereafter, somebody leaves a noose on his desk. It’s the last straw. The technician claims he was subject to systemic racial discrimination and files an EEOC complaint. The lab closes ranks and vehemently denies the charges and nobody is willing to testify on the technician’s behalf. Without witnesses to corroborate his story, the technician is left to rely on the following evidence: Pictures of the noose on his desk; His own testimony, which is credible and reliable; and The fact that the lab manager and supervisor’s denials lack credibility and consistency. QUESTION Can the technician prove the lab committed racial discrimination? No, because he has no witnesses other than himself Yes, to the extent his circumstantial evidence is strong and believable No, because there’s no direct evidence that racial discrimination occurred Yes, because being the lone African-American employee is proof of discrimination ANSWER It’s possible for the technician to prove racial discrimination relying only on circumstantial evidence EXPLANATION Employees and […]
- Pictures of the noose on his desk;
- His own testimony, which is credible and reliable; and
- The fact that the lab manager and supervisor’s denials lack credibility and consistency.
- No, because he has no witnesses other than himself
- Yes, to the extent his circumstantial evidence is strong and believable
- No, because there’s no direct evidence that racial discrimination occurred
- Yes, because being the lone African-American employee is proof of discrimination
- It’s possible for the technician to prove racial discrimination relying only on circumstantial evidence
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