Current Events > Say someone is fired, then says they're gay and sues the company...

(+) Yeah! (+)

For discrimination. Theyre not actually gay though, theyre lying.

Would this be possible? How would a company be able to say that someone is lying about being gay?

this is what republicans actually believe happens

Being gay doesn't make you immune to being fired fyi.

The person doing the suing has to show that the firing was based on discrimination. It's not as simple as them just saying "they fired me because I was gay/black/whatever."

It's usually a pretty high bar to hit and most companies will probably have a way
of showing some other non discriminatory reason for the firing.

anyone with the filing fee in their pocket can sue anyone about anything

too many unstated facts to determine whether the suit could possibly prevail, but at least initially, i have my doubts

unless you've got proof to back up your claim that you were fired for discrimination then no.

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If the usual Right wing bullshit applies, TC asks because they just tried it and it isn't working like Trumpy promised.

They dont have to prove they arent gay, just that they werent fired for that reason. Which as far as I understand is typically pretty easy to do (probably even in cases where the worker really was discriminated against for their sexual orientation) because the laws are absurdly stacked against workers (at-will, etc.).

Ive seen this happen at a company I used to work for. He claimed he was discriminated against and thats why he was fired. The company just had to prove he had a history of unscheduled absences, was late often, had a number of botched projects and a general bad attitude. Pretty easy for a company to prove those kinds of things.

As long as the company has documentation about the employees bad history they are fine.

No, Mr. Garrison, it's not that simple.

h23456bca posted...

The company just had to prove he had a history of unscheduled absences, was late often, had a number of botched projects and a general bad attitude.

This.
Competent HR keeps meticulous records of every infraction, so even if someone is fired via discrimination somehow, there's still plenty of plausible deniability.

This wont work because being gay is not the reason they they were fired. They can't use sexual orientation as an excuse to be terrible at their job.

How do people seriously not know how life works?

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in most states no, since "at will" employment means they can fire people for any arbitrary reason as long as it cant be proven to be discrimination. they would need evidence proving otherwise, maybe a recording of the manager firing them and calling them a slur.

The scenario described seems like an open an shut case for the employer.

"We didn't know he was gay. There's literally no evidence of it at all until after we fired him."

LRodC posted...

For discrimination. Theyre not actually gay though, theyre lying.

Would this be possible? How would a company be able to say that someone is lying about being gay?

Being gay doesn't make you immune to being fired.....