Vt. Human Rights Comm'n, HV19-0018, Investigative Report & Reasonable Grounds Determination

In order to establish a prima facie case of discrimination without direct evidence, Ms. Weygant
must prove the following:

1) Ms. Weygant is a member of a protected class;
2) Mr. Deery took adverse action against her; and
3) The adverse action took place under circumstances giving rise to an inference of
discrimination. l06

Where there is direct evidence of discrimination, Ms. Weygant must show:

1. Mr. Deery stated that he took adverse action against Ms. Weygant because she is a
member of a protected class.loT

r03
9 v.s.A. g a503(a)(l).
Ioa
McDonnell Douglas Corp. v. Green, 41 I U.S. 792,802-803 (1973).
r05
According to Black's Law Dictionary (1Oth ed.2014), "preponderance of the evidence'' is defined as the greater
weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by
evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind
wholly from all reasonable doubt, is still sufficient to incline a fair and impadial mind to one side of the issue rather
than the other.
106
Mazzocchiv. Windsor Owners Corp.,204F. Supp. 3d 583,615 (S.D.N.Y. 2016).
r07
Robert G. Schwemm, Housing Discrimination Law and Litigation, $10:2, pp. l0-8 and l0-9.
2) Mr. Deery took adverse action against Ms. Weygant.
Mr. Deery told Ms. Weygant that he would no longer be accepting Section 8 and asked her to
leave the apartment she rented from him.lle

Finding: Mr. Deery took adverse action against Ms. Weygant.

lre Interview with Mr. Deery, 611312019.
apartment
B. THE PRIMA FACIE CASE FOR P ,IC ASSISTANCR DISCRIMINATION