One of the biggest challenges that an employee filing a discrimination case might face is when an employer wishes to accuse the employee of being a vexatious litigant. This is when a litigant is accused of filing an excessive number of claims that are not warranted. If you are experiencing discrimination, you will want to make sure to consult with an employment attorney so you can build a solid case and avoid this accusation.
How Vexatious Litigation Works
Individuals who file a lawsuit are referred to as "litigants." In some cases, a litigant might file many lawsuits that end up ultimately being dismissed. The courts might then determine that the litigant is a "vexatious litigant" and further attempts at filing a lawsuit might be dismissed immediately by the courts without going to trial.
In some cases, the claimant may even be forced to pay damages for the costs associated with the litigation. For this reason, you will want to involve an employment attorney whenever you file a lawsuit.
Complications to Your Case
One problem might arise if you file a lawsuit after your application is denied while you have a disability. If you are not sufficiently experienced, an employer is allowed to deny your application. However, if you do have experience and your employer may be able to make reasonable accommodations, classifying you as a vexatious litigant would not be appropriate.
A prospective employer is also not allowed to discriminate against you if you have a previous discrimination claim or you may have a claim of "victimization." What matters is whether you are bringing the claim in good faith or not. You can only be denied a job if your employer can prove that your discrimination claim was not brought in good faith.
How to Determine Why You Were Refused a Job
The burden of proof often rests on the employer to prove that they did not turn you down for a job due to your disability or any other grounds for discrimination. Your employer will need to take notes when choosing to deny your application to prove that there were other reasons for your application to be denied.
Protecting your rights as a job candidate can be difficult without the help of an experienced employment attorney. You will need to be informed of your rights, and you may need an experienced attorney to represent you if your case goes to trial.
Contact a local employment lawyer if you think you have a case.