Proving Discrimination: How to Protect Yourself and Your Job

💡Proving discrimination requires establishing that your employer took an adverse action against you because of a protected characteristic.

📜Direct evidence like verbal or written comments, jokes, and witnesses can be used to support discrimination claims.

📈Your job performance history and the company's treatment of other employees with similar characteristics can be crucial in building a strong case.

🔍Discovery tools like interrogatories, requests for admission, and depositions help gather evidence and identify potential lies or inconsistencies in testimonies.

⚖️Proving discrimination requires meeting the preponderance of evidence standard, where the jury decides based on the likelihood that discrimination occurred.

What should I do if I suspect discrimination at work?

—Submit a written complaint to the appropriate authority in a non-threatening and concise manner, stating your concerns and the protected characteristic you believe is involved.

Can I get fired for filing a discrimination complaint?

—If you follow proper procedures and submit a respectful complaint, firing you in retaliation could lead to more legal consequences for your employer.

What if there is no direct evidence of discrimination?

—While direct evidence is powerful, circumstantial evidence like job performance history and unequal treatment of employees with similar characteristics can still support your case.

What happens if someone lies during the legal process?

—Committing perjury by lying under oath can significantly damage the credibility of the person's testimony, increasing the chances of winning your case.

What burden of proof is required in discrimination cases?

—In civil cases like employment discrimination, the burden of proof is on the preponderance of evidence, meaning you must show it is more likely than not that discrimination occurred.

00:00(beep)

02:40An employment lawyer discusses how to prove discrimination at work and navigate the legal process.

05:54When still employed, focus on stopping the discriminatory behavior, saving your job, and setting a legal foundation for possible future action.

11:38In a legal case, lawyers establish a foundation, gather direct evidence, analyze job performance history, look for circumstantial evidence, and present the case to a jury.

12:42Consider consulting an employment lawyer and gathering comprehensive evidence if you believe you've experienced discrimination.