Q:

How do you prove employment discrimination?

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Quick Answer

To prove workplace discrimination, provide direct evidence, such as notes, memos and letters, from the employer who took a discriminatory action against you, or use circumstantial evidence if your employer did not make straightforward discriminatory statements, as Workplace Fairness advises. Additionally, ensure that you belong to a protected class in your state.

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Full Answer

If there is no direct evidence to back up your discrimination claim, use circumstantial evidence to show that your employer discharged you because of your protected class status, as Workplace Fairness describes. Some federal laws prohibit discrimination against people based on race, age, gender, religion and national origin.

Using circumstantial evidence involves making out a prima facie case of discrimination, which requires being a member of a protected class and being eligible for your job, as Workplace Fairness details. Adverse actions an employer can take include unjust termination, promotion and other employment conditions, especially if the employer favored another employee who does not belong to your protected class.

Note if your employer treated you differently compared to other employees who are not in your protected class as well as if the employer often made offensive comments related to your protected class, advises Workplace Fairness. If your employer offers a reasonable explanation for your discharge, you need to provide additional evidence to prove that the reason covers up discrimination by establishing that the reason is factually untrue and inadequate to cause your termination.

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