Evidence Needed to Prove Workplace Discrimination
Workplace discrimination happens when an employer illegally discriminates against a job candidate or employee due to such protected characteristics as race, age, gender, sexual orientation, religion, etc. If you believe you have been a victim of workplace discrimination, you can file a claim seeking justice.
How do you prove discrimination at work? Keep reading to learn more. The following guide will answer your basic questions on the subject. For more information specific to your case, consider speaking with an attorney.
What Is Discrimination in the Workplace?
Various laws across all states define what does and doesn’t constitute employment discrimination. A lawyer familiar with the statutes in your state can review your case to determine if your employer has broken any applicable laws.
Some actions that may qualify as discrimination include:
- Not hiring certain candidates
- Denying promotions and professional development opportunities to employees who possess certain protected characteristics
- Firing employee due to protected characteristics
- Creating a hostile work environment for certain employees
Victims of workplace discrimination can seek compensation for such damages as lost income, emotional distress, and more. Keep in mind that holding an employer accountable for discrimination could prevent them from engaging in such actions and policies in the future, thereby protecting other employees from mistreatment.
How to Prove Discrimination at Work
Knowing how to prove employment discrimination often requires accounting for the specific details of an individual case. That said, proving discrimination in the workplace may generally involve the following steps:
- Saving emails, text messages, chat logs, voicemail messages, and other such forms of correspondence that may strengthen your allegations
- Keeping a log in which you describe the when, where, who, and how of every workplace discrimination experience you endure
- Coordinating with witnesses whose testimony may back up yours
In some instances, proving workplace discrimination may also involve reviewing an employer’s history. If it’s shown that an employer has a history of discriminating against employees and candidates due to certain protected characteristics, you may be more successful in demonstrating that said employer has continued to engage in this behavior.
Evidence Needed to Prove Workplace Discrimination
Evidence of discrimination can take many forms. Along with the specific examples already mentioned, general forms of evidence indicating discrimination in the workplace has occurred include:
- Circumstantial evidence: In the context of proving discrimination at work, circumstantial evidence is any indirect evidence suggesting your employer may be likely to engage in discrimination, such as a slightly prejudice-based joke a manager might make
- Direct evidence: Direct evidence is more valuable than circumstantial evidence in regard to how to prove discrimination at work, as it consists of clear statements or actions on behalf of an employer that indicate a willingness to engage in discriminatory behavior
Be aware that gathering this evidence isn’t a task you need to address alone. Hiring a lawyer who understands how to prove workplace discrimination can make gathering the necessary evidence easier.
Why Is Evidence So Important to Workplace Discrimination Claims?
You may wonder “Is it hard to prove discrimination at work?” if you believe you’ve been the victim of illegal employment discrimination. This is an understandable concern. Many employers are quite savvy, understanding how making the wrong statements could result in their being the targets of claims or lawsuits.
It’s not common for an employer to openly admit they are engaging in discrimination. That’s why gathering evidence is so important in these circumstances. To show an employer broke the law, you will likely need to present a relatively large quantity of strong evidence supporting your allegations and refuting their claims.
How An Employment Lawyer Can Help Me
How can you prove discrimination in the workplace? Hiring an attorney is a wise way to start.
The specific ways in which a lawyer may assist you can vary on a case-by-case basis. Generally, though, an attorney may:
- Review your case to determine if it has merit
- Gather evidence on your behalf
- Complete and file paperwork
- Handle all correspondence with your employer, an insurance company, your employer’s attorneys, and any other such parties involved in the case
Be aware that it’s not ethical for a lawyer to promise a certain outcome when they accept your case. That said, by enlisting the help of a professional who understands how to prove discrimination in the workplace, you can theoretically increase your chances of receiving what you may deserve.
Do I Have A Case For Discrimination?
It’s not always clear whether an employer has broken the law when an employee believes illegal discrimination has occurred. The best way to learn whether you have a valid case is to speak with an attorney. Get started by taking the Free Case Evaluation today.
