Law blog

I’ll admit it; sometimes I stay up late and watch tv after the rest of my family has gone to sleep. Inevitably, there are always certain kinds of tv shows that are on between 10-12 pm. They generally include shows like Monsterquest in which the latest high-tech equipment takes a scientific look at legendary creatures around the world, such as Bigfoot, the Loch Ness Monster, or the Chupacabra. Other similar shows research and detail UFO encounters, sightings, landings, or abductions.

Here’s my one big problem with all of these shows; Where is the Evidence? If tens of thousands of people have seen UFO’s, Bigfoot, or some other kind of prehistoric dinosaur, where the hell is the evidence? How about one alien body that crashed while flying under the influence? How about one carcass of Bigfoot’s dead uncle? If the evidence was out there, wouldn’t you think that any major news organizations such as CNN, BBC, USA NEWS, or the New York Times would pick up the story? Think about it, real evidence would sell thousands of papers and earn them millions of dollars.

I have thought about this for a while and have come to the scientific conclusion that there has to a person or group of persons whose job it is to clean up any evidence of this kind of stuff. Maybe there is some secret society out there like the Masons who go around and collect/destroy all of those crashed UFO’s and carcasses of dinosaurs.

It then hit me like a ton of bricks. I have figured out who these people are. Have you ever watched the news and in the background seen a busy street on a regular work day? Well, there area always hundreds of people in suits, dresses, ties, and skirts busily crossing the street, waiting for the bus or drinking a cup of coffee. They usually all look the same whether it is in Manhattan, Tokyo or London. However, there is one group that always stands out. Yes, you guessed it. It is the people who are wearing sneakers along with their regular business attire. You can have an executive in a $2500 Armani suit or carrying a $3000 Prada bag but on their feet, yet they are wearing white Reebok or Nike sneakers.

I was always wondering why these people couldn’t find a nice pair of comfortable black shoes or black sneakers. How hard could it be to find something like that? It now all makes sense to me; these sneaker wearers are the evidence collectors. Once the secret call goes out that there is a dead alien on the Westside Highway, these sneaker wearing collectors head straight for the crash site and clean up the wreckage. That’s why they are always walking so fast and have such a look of determination on their faces. (and perhaps why there is always so much traffic on the Westside Highway).

As a practicing labor attorney, I frequently get calls from people who know that they have been discriminated against. When I ask what evidence they have that may convince a judge or jury that they should win (or that could convince me to take their case), I often hear words to the effect that “I just know it” or “everyone knows it.” While it may be true and they may be correct in their own senses or perceptions, a judge or jury may not give that “evidence” much weight.

In order to win at a hearing, trial or arbitration, you need to be able to produce evidence. Fortunately, unlike UFO claims, real evidence is available for you to present to a fact finder. Examples can be documents, emails, witness testimony, affidavits, and the fact that the defendant can’t give an explanation as to why you were treated in a certain matter.

Here is an example: Ms Jones applied for a GS-12 Budget Analyst position at Social Security. Ms. Jones is an African-American female. Ms. Jones made the best qualified list but did not get the job. The selectee was Mr. Johnson who is a white male. Ms. Jones feels that she was not selected based on her race and gender and files a claim with the EEO.

For Ms. Jones to be successful in her case, she will need to provide evidence as to why she should have been selected as opposed to Mr. Johnson and that the selection was motivated by race or gender. Ms. Jones should provide the following as evidence (this list is not exhaustive):

1) Affidavits from supervisors who supervised both Ms. Jones and Mr. Johnson that say she is far better qualified than him fro the GS-12 position.
2) Copies of their application packets
3) The vacancy announcement and the KSA’s (knowledge, skills, and abilities)
4) She must depose the recommending panel and the selecting official to establish that she performed better in her interview.
5) The testimony of an expert witness who may be a retired employee who was a prior branch chief who could independently review the qualifications of both Ms. Jones and the selectee and opine as to who was objectively far better qualified.

As you can see, these types of evidence are much stronger than “I just know I am better for the job.” If you are able to present this type of evidence, you have a much stronger chance of beating summary judgment and being successful at the trial.

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