Question

Which of the following must be established by a plaintiff in a discrimination case, in order to set forth a "prima facie" case? The plaintiff must establish that he or she: (1) belongs to a protected class; (2) was qualified for the job; and (3) was subjected to an adverse employment action; and (4) the employer gave better treatment to a similarly-situated person outside the plaintiff’s protected class.

Group of answer choices

-That the plaintiff belongs to a protected class.

-That the plantiff was qualified.

-That the employer gave better treatment to a similarly-situated person outside the plaintiff's protected class.

-All of the above.

Answer 1

Answers: 4 All of the above. All of the above points are eligible for setting forth a prima facie case.

1. If the employee belonged to a protected class, then he or she can claim that they were more prone to discrimination simply on the grounds of being a member of the class. The following are some of the protected classes- age, race, gender, religion and physical or mental status.

-2.That the plantiff was qualified. The plaintiff had the necessary qualifications such as relevant degrees or diplomas,experience, any qualities(mental or physical), age(in some cases) etc, and he performed his job well, but he was terminated or someone who was less qualified was selected in place of him, but he/she was discriminated, nevertheless.

3. That the employer gave better treatment to a similarly-situated person outside the plaintiff's protected class. The following are some of the factors that tantamounts to adverse employment actions - workplace harassment, less pay compared to peers or loss of pay or benefits, demotion and less job responsibilites or esteem. For example, If an employee was discriminated because she was a woman and a job was given to a man instead, she can set forth a prima facie case.