Employment Law Guide

Do I Have an Employment Discrimination Claim?

Elements · Evidence · Protected Classes · What to Do Next

You may have an employment discrimination claim if you: belong to a protected class (race, sex, disability, age 40+, religion, national origin); were qualified for your position; suffered an adverse employment action (fired, demoted, denied promotion); and were treated worse than similarly situated employees outside your protected class. Most discrimination cases are built on circumstantial evidence. In Louisiana, the EEOC filing deadline is 300 days from the discriminatory act.

Jonathan M. Rhodes, Attorney at Law

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Employment Law — Workplace Discrimination · Last Updated:

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

The Four Elements of a Prima Facie Discrimination Case

1

You belong to a protected class

Race, color, sex, religion, national origin (Title VII); disability or perceived disability (ADA); age 40+ (ADEA).

2

You were qualified for the job or position

You met the legitimate qualifications — education, experience, skills — for the position you held or sought.

3

You suffered an adverse employment action

Termination, demotion, failure to promote, pay cut, or other material change in terms of employment.

4

Similarly situated employees outside your class were treated more favorably

Employees in similar positions, with similar qualifications and performance, who are not in your protected class, were treated better.

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