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Yes I know. That's what Discovery and Deposition for. The EEOC would go through the emails and other written documents, to see whether someone might have made

Yes I know. That's what Discovery and Deposition for. The EEOC would go through the emails and other written documents, to see whether someone might have made discriminated in an illegal way, then they would depose them.

dalke 12y ago
The FB/Yahoo/whoever lawyer would point out that there's no indication of any discrimination. Your only evidence is permissible under the stray remarks doctrine, promulgated by Justice O'Conner in the Supreme Court decision for Price Waterhouse v. Hopkins (1989). You have no evidence of them doing anything illegal. Stray remarks "standing alone" are not sufficient prima facie evidence of age discrimination. Nor is not hiring someone who is a member of a protected class, without evidence that being in a protected class was a factor. You can't make up a random conjecture about them violating the law and do discovery. You have to have some evidence first. Show me a court case which says otherwise. If it were true then there should be thousands of court cases, or an EEOC guideline, which discussed it. I quote instead from http://www.eeoc.gov/eeoc/litigation/briefs/fried.txt http://www.eeoc.gov/eeoc/litigation/briefs/fried.txt : However, “[s]tray remarks, even if they occurred as plaintiff claims, are not enough to satisfy the plaintiff’s burden of proving pretext. Stray remarks alone do not create an issue of material fact to defeat summary judgment.” Bunk v. General Services Admin., 408 F. Supp. 2d 153, 158 (W.D.N.Y. 2006). See also Shapiro v. N.Y. City Dep’t of Educ., 561 F. Supp. 2d 413, 424 (S.D.N.Y. 2008) (“[t]he stray remarks of a decision-maker, without more, cannot prove a claim of employment discrimination”). In this case, the single, isolated mention of Fried’s age, the only such mention in the entire record, cannot, standing alone, create an issue of material fact sufficient to defeat summary judgment. This is especially true given that State, by Fried’s own admission, qualified his remark by asking “what if you get hit by a bus.” Accordingly, unless other indicia of discrimination are properly presented, see [Shapiro, 561 F. Supp. 2d at 424], this comment alone is insufficient to sustain plaintiff’s burden of proving pretext as a matter of law. You have no other 'indicia of discrimination.' You have not demonstrated prima facie evidence. If what you were saying were true then why did Reid in Reid v. Google have to take the case to the California Supreme Court? Answer: because what you believe isn't actually true, and you don't understand the relevant case law.
- MichaelCrawford 12y ago
  Amazon's HR guy was all over me like a cheap suit until I directed him to my website. About an hour after that I got his "Dear John" mail. At the top of every page of my site is a link to "Living with Schizoaffective Disorder". http://www.warplife.com/mdc/books/schizoaffective-disorder/ http://www.warplife.com/mdc/books/schizoaffective-disorder/ That's known as "Voluntary Self-Identification" under the Americans with Disabilities Act. I do not require any accomodation whatsoever. I write good code when I'm symptomatic. That's why I'm a coder and not a physics researcher.
  - dalke 12y ago
    Right, so now you've completely dropped the Facebook hypothetical that you thought was relevant, and bring the topic to something where I have access to zero information, so you can make the topic be all about you. Just go ahead and contact the EEOC. Stop boasting about some mythical power you wield, and go ahead and use it. Bring Amazon to their knees. Make them weep.

dalke 12y ago

The FB/Yahoo/whoever lawyer would point out that there's no indication of any discrimination. Your only evidence is permissible under the stray remarks doctrine, promulgated by Justice O'Conner in the Supreme Court decision for Price Waterhouse v. Hopkins (1989). You have no evidence of them doing anything illegal. Stray remarks "standing alone" are not sufficient prima facie evidence of age discrimination. Nor is not hiring someone who is a member of a protected class, without evidence that being in a protected class was a factor. You can't make up a random conjecture about them violating the law and do discovery. You have to have some evidence first. Show me a court case which says otherwise. If it were true then there should be thousands of court cases, or an EEOC guideline, which discussed it. I quote instead from http://www.eeoc.gov/eeoc/litigation/briefs/fried.txt http://www.eeoc.gov/eeoc/litigation/briefs/fried.txt : However, “[s]tray remarks, even if they occurred as plaintiff claims, are not enough to satisfy the plaintiff’s burden of proving pretext. Stray remarks alone do not create an issue of material fact to defeat summary judgment.” Bunk v. General Services Admin., 408 F. Supp. 2d 153, 158 (W.D.N.Y. 2006). See also Shapiro v. N.Y. City Dep’t of Educ., 561 F. Supp. 2d 413, 424 (S.D.N.Y. 2008) (“[t]he stray remarks of a decision-maker, without more, cannot prove a claim of employment discrimination”). In this case, the single, isolated mention of Fried’s age, the only such mention in the entire record, cannot, standing alone, create an issue of material fact sufficient to defeat summary judgment. This is especially true given that State, by Fried’s own admission, qualified his remark by asking “what if you get hit by a bus.” Accordingly, unless other indicia of discrimination are properly presented, see [Shapiro, 561 F. Supp. 2d at 424], this comment alone is insufficient to sustain plaintiff’s burden of proving pretext as a matter of law. You have no other 'indicia of discrimination.' You have not demonstrated prima facie evidence. If what you were saying were true then why did Reid in Reid v. Google have to take the case to the California Supreme Court? Answer: because what you believe isn't actually true, and you don't understand the relevant case law.

MichaelCrawford 12y ago
Amazon's HR guy was all over me like a cheap suit until I directed him to my website. About an hour after that I got his "Dear John" mail. At the top of every page of my site is a link to "Living with Schizoaffective Disorder". http://www.warplife.com/mdc/books/schizoaffective-disorder/ http://www.warplife.com/mdc/books/schizoaffective-disorder/ That's known as "Voluntary Self-Identification" under the Americans with Disabilities Act. I do not require any accomodation whatsoever. I write good code when I'm symptomatic. That's why I'm a coder and not a physics researcher.
- dalke 12y ago
  Right, so now you've completely dropped the Facebook hypothetical that you thought was relevant, and bring the topic to something where I have access to zero information, so you can make the topic be all about you. Just go ahead and contact the EEOC. Stop boasting about some mythical power you wield, and go ahead and use it. Bring Amazon to their knees. Make them weep.