What proof of discrimination at work do I need to include in a discrimination complaint?
There are two types of evidence that can be used to prove discrimination at work: direct evidence and circumstantial evidence.
Direct evidence is the strongest type of evidence used to prove that discrimination occurred. Direct evidence includes witnessed verbal or written statements by your employer that demonstrate that your protected class status had a direct impact on their decision to take adverse employment action or to make changes to the details of your employment. An example might include a verbal statement by an employer that they are firing you because you are a pregnant woman and they are looking for a man to fill your position. If you have a witness who heard the statement, then this direct evidence is strengthened by the witness’s ability to corroborate it. Another example might be an email with a discriminatory statement made about your protected class.
Circumstantial evidence is the more common form of evidence used in cases of illegal discrimination, as many companies will try to conceal outright discriminatory behavior. Examples of circumstantial evidence include but are not limited to:
- Observations of your employer treating you differently than other employees with the same job qualifications as you but who are part of a different protected class status
- Evidence of your company’s prior discriminatory practices
- Significantly fewer employees of your protected class status in the workplace
- Derogatory comments by your employer or coworkers about your protected class status
- Jobs given to people who have fewer qualifications than applicants of a different protected class status
If you believe you were discriminated against in the workplace, speak to an experienced employment attorney to help determine your rights.
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How can I prove age discrimination in my workplace?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How is national origin discrimination defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?
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- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the signs of age discrimination in the workplace?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What can I do if I was wrongfully terminated?
- What evidence is necessary in order to help prove national origin discrimination under Title VII?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is national origin discrimination under Title VII?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the ADEA?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What is the difference between sexual violence, sexual assault and sexual harassment?
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?