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What can help prove a discrimination claim?

On Behalf of | Mar 23, 2023 | Employment Law |

Mounting a discrimination claim against your employer may feel impossible. You may doubt that the instances you have dealt with will rise to a viable case.

To further your cause, you need evidence. How you present that evidence depends on what you can gather before you file your claim.

Direct evidence

Direct evidence is often the hardest type to get. It involves documentation setting out the discrimination against you and other workers. This usually includes emails, text messages, or video/audio recordings.

Circumstantial evidence

You may not have direct statements from employers, but you may have circumstantial or indirect evidence. Circumstantial evidence is all about inference and intention of an employer’s action. Most discrimination actions depend on circumstantial evidence. For a court to accept it, you must show the following:

  • That you belong to a protected class
  • That your employer removed you from a position in favor of someone else
  • That that other person is not part of a protected class

If you can show these things, the burden shifts to your employer’s ability to demonstrate that your removal was due to something other than your protected class status.

Pattern of behavior

In some cases, you can show that your employer adheres to a pattern of discriminatory behavior. This often involves other employees or former employees whose treatment was similar to what you experienced.

While you may not feel ready to move against your employer, the longer you wait to take action, the more difficult it may become. Speaking with someone with experience in employment law can go a long way to furthering your cause.