What Is Discrimination In EEOC

Discrimination: Discrimination indicates an unjust, unfair or an unreasonable bias in favor of one and against another on the basis of a protected characteristic, such as race, age, gender, caste or disability. EEOC Recognizes thirteen forms of discrimination. Age, Disability, Equal Pay/Compensation, Genetic information, Harassment, National Origin, Pregnancy, Race/Color, Religion, Retaliation, Harassment, Sexual Harassment and more. Disparate Treatment: Is a claim that one was treated differently than others who were similarly situated, or did the same activity. Because of his or her race, gender, age, or other protected trait. When the same mistake made by two employees one White one Black. The Black employee was fired, but not

Motion to Comply: A request asking the court to order the other party to supply information or records. Motion to Comply should be requested after the other party in good faith tried to set up the meeting to discuss and obtain information. In the Discovery phase Rule 26(a). the plaintiff or defendant requests the court to order compelling answers, production of documents, for inspection Motion to Dismiss: The initial attempt by a lawyer or Defendant to kick the case out of court. Motion for Summary of Judgment: The second attempt to kick the case out of court. The court states cases with material evidence cannot be dismissed. Your case cannot be dismissed when material evidence or fact support your claim.… in a “motion to dismiss, the material allegations of the complaint are taken as admitted”. From this vantage point, courts are reluctant to dismiss complaints unless it appears the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Walter Process Equipment v. Food Machinery, 382 U.S. 172 (1965) (Conley v. Gibson, 355 U.S. 41 (1957)). The Courts have taken the view that summary judgment must be denied if the affirmation or allegation are “well-pleaded” or a single issue fact or circumstance that the party offers to prove or substantiate the cause or claim. Fairbanks, Morse Co. v. Consolidated Fisheries Co., 3 Cir., 1951, 190 F.2d 817, 824., Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826,