If you attempt to encourage critical thought, you should have presented a single counter argument, many here presented 1, you just claim we are biased and its ilegal to discriminate, for a lawyer Who cant come with counter argument against our points, speaks very poorly of your abilitys mr lawyer
I’m not supporting the plaintiff’s case here. If you want her side and legal arguments, go read the filing. It’s in the article. I’m also not claiming other people are more biased than anyone else (including myself) and I’m not using that word to mean bigoted. I’m using it to mean your opinions are influencing how you think a legal case should turn out, but facts and the law don’t care about your feelings at all. Like I have continuously said, if people here were alleging that everything as the plaintiff sets it out proves she should win, I would be saying this same stuff in reverse.
But I’ll humor you even though I have no strong feelings one way or another. And again, this is not my field of expertise so if a California employment attorney disagrees with me I’d defer to them. This is just my random musings. The two big arguments I see are 1) she got a good raise and 2) people are sometimes just paid more.
1) It’s a decent fact for Niantic because it sounds appealing to potential jurors and I’m sure they’ll try to hammer home. But it’s heavily undercut by the fact that she was still paid $12k a year less by the end of her time than a white male colleague with less work experience, tenure, and title. The legal question is not whether you’re fairly compensated. It’s whether your status as a member of a protected class is the reason your employer is paying you less than similarly-situated people outside the class. Getting a raise doesn’t help if everyone similarly situated outside the protected class got an even better raise. It’s just not an especially pertinent fact for the legal analysis no matter how much you think it should be.
2) Sure. Frequently people are paid more for reasons other than discrimination. It’s a fact of working. But that general statement means very little because it doesn’t engage with the specific facts here. It’s just an anecdotal observation. You’re just assuming the facts are favorable to Niantic. So unless you can point to specific reasons others were paid more than her, there’s not really anything to rebut here. And you can’t. Because we only have the plaintiff’s filings. So we don’t have the facts that would be detrimental to her case. It’s just speculating based on how people want the case to turn out.