Legal Question in Discrimination Law in Iowa
Would this be considered direct evidence?
I have filed an age discrimination complaint against my employer (Post Office) My complaint alleges that my employer, in my absence (FMLA- care of dying parent), reevaluated and attempted to adjust my route (letter carrier) using a person half my age. (I am 53, she is 26) I protested and my employer agreed to evaluate my position based on a time card analysis (which is a standard procedure) But when the change was made, the adjustment was equal to the amount of time the younger carrier took rather than my time card analysis. Management just lied about the time and expected me to ''prove it.'' (which I can) Three supervisors and the postal lawyer have all made statements (the lawyer said it in front of the EEO judge) that is doesn't matter if they adjust my route to the younger carrier because ''you don't have to walk, you have a mounted (riding) route.'' I asked them if they contend that only a person's feet and legs age. Would their statements constitute direct evidence? Thanks.
1 Answer from Attorneys
Re: Would this be considered direct evidence?
Your question is not entirely clear, are you askng an evidentiary question?
At any rate, what is said before the EEOC is not subject to court rules of evidence. They follow some guidelines, but what is said in those hearings often would not be admissible in court, and is not intended to be. You should have legal representation for your claim (even if it's just advisory), before an EEOC judge, because what happens there can support or prevent a lawsuit later.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
