FCRA WAGE PROJECT
CHAPTER 10 | DISCRIMINATORY FIRING

10-0 | CHAPTER INTRO - DISCRIMINATORY FIRING

I think I was fired because I’m a woman.

a. I think I was fired because I’m a woman, how do I prove it?

b. For what reasons can I be fired?

c. Are women a “protected class”?

d. How do I show that my legally protected class led to my discharge?

e. What could my employer do to deny my allegations, and how do I respond to its denials?

f. Does it matter when the discrimination occurred?

g. What options do I have if my employer has fewer than fifteen employees?

h. If I prove my wrongful termination claim, what kind of remedies am I entitled to?

10-A | I THINK I WAS FIRED BECAUSE I’M A WOMAN, HOW DO I PROVE IT?

To establish unlawful termination through circumstantial evidence, you must prove that:

1. you are a member of a protected class;

2. you were qualified for, and adequately performed, your job;

3. you were terminated from your job; and

4. your employer had a continued need for someone to perform the same work after your were terminated.⁶⁶

Footnotes

⁶⁶ Kelly v. K.D. Construction of Florida, Inc., 866 F. Supp 1406, 1411 (S.D. Fla. 1994).

10-B | FOR WHAT REASONS CAN I BE FIRED?

Rejection of an applicant or termination of an employee when the individual has failed to meet bona fide requirements for the position is not unlawful.⁶⁷ Furthermore, employee misconduct is also a justifiable reason for termination.⁶⁸

Footnotes

⁶⁷ Fla. Stat. Ann. §760.10(8)(b).
⁶⁸ Brown Distributing Company of West Palm Beach v. Marcell, 890 So. 2d 1227, 1231 (Fla. 4th Dist. App. 2005)

10-C | ARE WOMEN A “PROTECTED CLASS”?

Yes, as a woman you are considered to be in a protected class.⁶⁹

Footnotes

⁶⁹ Scelta, 57 F. Supp. 2d. at 1340.

10-D | HOW DO I SHOW THAT MY LEGALLY PROTECTED CLASS LED TO MY DISCHARGE?

You must show that a discriminatory reason more likely than not led to your termination. For example, if you were terminated for a particular workplace violation that doesn’t warrant termination for male employees, this may be enough to demonstrate that you were fired for a discriminatory reason.⁷⁰

Footnotes

⁷⁰ Kelly, 866 F. Supp. at 1412-1413.

10-E | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO THEIR DENIALS?

Once you establish your case, your employer must state a legitimate, non-discriminatory reason for your discharge. You must then prove that the discriminatory reason was a significant or motivating factor in your employer’s decision.⁷¹

Footnotes

⁷¹ Id. at 1412.

Congratulations! You're now booked up on Chapter 10 the FCRA Wage Project!

You might need to reference it during your pursuit of justice.

For instance, you might need to use this handbook in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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FCRA WAGE PROJECT
CHAPTER 10 | DISCRIMINATORY FIRING

10-0 | CHAPTER INTRO - DISCRIMINATORY FIRING

10-A | I THINK I WAS FIRED BECAUSE I’M A WOMAN, HOW DO I PROVE IT?

Footnotes

10-B | FOR WHAT REASONS CAN I BE FIRED?

Footnotes

10-C | ARE WOMEN A “PROTECTED CLASS”?

Footnotes

10-D | HOW DO I SHOW THAT MY LEGALLY PROTECTED CLASS LED TO MY DISCHARGE?

Footnotes

10-E | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO THEIR DENIALS?

Footnotes

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FCRA WAGE PROJECTCHAPTER 10 | DISCRIMINATORY FIRING

10-0 | CHAPTER INTRO - DISCRIMINATORY FIRING

10-A | I THINK I WAS FIRED BECAUSE I’M A WOMAN, HOW DO I PROVE IT?

Footnotes

10-B | FOR WHAT REASONS CAN I BE FIRED?

Footnotes

10-C | ARE WOMEN A “PROTECTED CLASS”?

Footnotes

10-D | HOW DO I SHOW THAT MY LEGALLY PROTECTED CLASS LED TO MY DISCHARGE?

Footnotes

10-E | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO THEIR DENIALS?

Footnotes

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