If you believe you have been a victim of discrimination at the workplace, how will you prove it? Proving employment discrimination is not easy because it is difficult to gather evidence to prove it.
Anti-discrimination laws make it illegal for an employer to discriminate against any individual or group of individuals of a protected class or category.
There are federal and state laws that can protect you against any form of discrimination at the workplace, however, it is difficult to prove that discrimination occurred. There are a few ways in which to prove job discrimination and get their case in front of a jury. You also need to know how to prevent workplace discrimination.
What is discrimination? What are the signs of discrimination at work?
When an employee is treated differently or less favorably than other employees it is called discrimination at work.
Specific classes of people are protected by the Equal Employment Opportunity Commission (EEOC) against any form of employment discrimination.
Discrimination includes unfair treatment; harassment, inappropriate questions or revelation of genetic or medical information; and any form of retaliation for filing a complaint.
Which laws protect against discrimination in the workplace?
Federal laws do not protect against all kinds of discrimination in the workplace. An employee is protected under the federal anti-discrimination laws only if he/she falls under the protected class or category.
- Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate against any employee on the basis of race, color, religion, origin, or gender.
- The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate against any employee because of their age. This law is aimed at protecting people who are 40 years or above.
- The Americans with Disabilities Act (ADA) makes it illegal to discriminate against any employee with a disability.
How do you prove discrimination at work? What should you do if you see discrimination in the workplace?
If you are a victim of employment discrimination you can approach a professional hostile work environment lawyer who can help you understand the anti-discrimination laws and help in holding your employer accountable for it. It is very easy to make a claim of discrimination but it is not easy to prove one.
To prove discrimination at work it is imperative to have strong evidence. The first thing is to save proofs like emails, voicemails, or any other form of communication which can help prove harassment and discrimination. E-mails or voicemails containing intimidating and abusive language can be vital evidence for your case.
If you have raised the issue of discrimination or reported any harassment faced to your employer or HR, it is important to keep records of the filed complaint with you. Filed reports of complaints can help in proving that you had made the employer aware of the situation and discrimination faced before taking the case further. Documented reports and complaints will help boost your case’s credibility in front of the jury.
Maintain a log of incidents of discrimination and harassment faced by you, any threats received which could not be recorded. This logbook can help in proving to the jury that the harassment or discrimination was not a one-off incident but a continuous behavior.
Identify any witnesses like your colleagues or business associates who may have witnessed these interactions or harassments at the workplace. These witnesses can testify at the trial for you.
Can you sue for discrimination at work? Where do you report discrimination in the workplace?
If you have been the victim of discrimination at the workplace or if you witnessed others being discriminated against, it is your duty to report it. The anti-discriminatory federal law also protects anyone against retaliation if they report discrimination.
You can sue your employer for discrimination faced at work. Equal Employment Opportunity Commission (EEOC) enforces the laws pertaining to discrimination at work. If you want to report discrimination in the workplace, you need to first file a charge of discrimination with the EEOC.
The charge of discrimination is a signed statement requesting the EEOC to take remedial action against an organization engaged in employment discrimination.
A Charge of Discrimination can be filed online through the EEOC portal. The charge can be filed at any of the EEOC office closest to your residence, or at any one of the 53 field offices in the country.
However, the charge would be investigated at the EEOC office which is closest to where the discrimination occurred. Once the charge is submitted, the EEOC will call you for an interview and note down the facts related to the case.
Within 10 days of filing the charge, the accused employer is requested to respond to the charge in writing. The EEOC team may also visit the employer to collect the required documents and conduct interviews.
If the investigation conducted by EEOC shows that there is reasonable cause to believe a violation has occurred, the EEOC tries to mediate and resolve the issues between both parties.
If both parties arrive at a reconciliation then no lawsuit is filed. However, if the reconciliation fails the EEOC will file a lawsuit against the employer or allow the complainant to file a lawsuit on their own.
