Watkins & Letofsky, LLP
Call For A Free Consultation
866-439-1295

How to prove workplace discrimination took place

Workplace discrimination is far more prevalent than many employers want to believe. In fact, one report from Pew Research shows how 42 percent of women in the American workforce experienced discrimination at work as a direct result of their gender. 

In many cases, employment discrimination takes the form of snide or inappropriate comments. If discrimination exists only as verbal comments, then it can be difficult to present any hard evidence in a court of law. Fortunately, there are different types of evidence you can rely on to build your case. 

Direct evidence

This will be the most useful type of evidence. It includes direct statements employers or coworkers made that clearly show discrimination. For example, inappropriate comments or an admission of terminating employment due to race, gender or another protected factor will help greatly in court.

Circumstantial evidence

Most employers and coworkers know not to leave evidence if they know they discriminated against someone. Therefore, a court case will require circumstantial evidence to create a case. To begin, you need to show you are a member of a protected class, such as how you are a woman or over the age of 40. 

Next, you need to show that you possess all necessary qualifications to do the job. This can include any essential licenses or an adequate number of years in the industry. After that, you need to show that the employer replaced you or hired someone else who is not a member of your protected class. In some cases, the person who received the job over you will have fewer qualifications to do the job well. If you are unsure if circumstantial evidence will work in your case, then ask yourself the following questions:

  • Is there a history of discriminatory practices with this particular employer?
  • Have you received different treatment than other employees with your job who are not in your protected class?
  • Are there any unusual or unjust circumstances surrounding your termination of employment?
  • Do other employees have similar stories about receiving discrimination?

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Watkins & Letofsky, LLP For more information about our practice, please contact us online
or by phone at 866-439-1295

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Watkins & Letofsky, LLP

Santa Ana Office
2900 S Harbor Boulevard., Suite 240
Santa Ana, CA 92704-6418

Toll Free: 866-439-1295
Fax: 949-476-9407
Santa Ana Law Office Map

Las Vegas Office
8215 S. Eastern Avenue
Suite 265
Las Vegas, NV 89123

Toll Free: 866-439-1295
Fax: 702-974-1297
Map & Directions

Review Us