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TOP TEN (OR FOURTEEN) INDICATORS OF ILLEGAL MOTIVE - A PLAINTIFF'S PERSPECTIVE
• Absence of contemporaneous documentation of performance problems • Post hoc attempts to “document” performance problems • Failure to follow established disciplinary policies • Failure to follow established evaluation procedures • Inconsistent application of established practices or policies • Contradictory, embellished or inconsistent statements of reasons for adverse actions • In reductions-in-force, retention of younger, less experienced co-workers for no defensible reason • In reductions-in-force, sudden transfers of younger, less experienced co-workers shortly before announcement of layoffs • One or two person “reduction-in-force” • Sudden intensive scrutiny where none previously and/or where no prior indication of work difficulties • Punishing the victim in harassment cases, e.g. putting the accuser on leave rather than the accused, transferring the accuser out of the accused's department • Manipulation of the promotion or hiring process so that only desired candidates “qualify” • Demanding detailed health records to document disability and providing them to supervisor and/or supervisor asking employee if she/he has a disability |
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