Being Discriminated At Work? 3 Ways To Prove It

12 August 2022
 Categories: , Blog


Are you currently being discriminated against at your current workplace, and you are not sure what to do? If so, it all starts with being able to prove that you are a victim of discrimination.

Here are three different ways to do it so that you can collect the evidence you need for a potential lawsuit.

Establish You Have A Protective Characteristic 

You need to be able to prove that you have some sort of characteristic that is protected by workplace discrimination laws. In addition, you have to prove that your workplace knows that you have that characteristic.

This is often the case when you have a disability that cannot easily be seen. Proving a health condition is easy to do by visiting a doctor, but you must have let your employer know in some sort of documented way. This could have been by sending a manager an email about your medical condition. If they don't know you have the characteristic that protects you, then they can't be held accountable for their potential discriminatory actions.

Document Direct Evidence

The best way to prove discrimination is to show direct evidence that your employer is discriminatory. This includes written statements that they may have made, statements from co-workers about discriminatory behaviors, and things of that nature. While it is not always common to get this direct evidence, it can greatly benefit your case.

Show Job Performance And Discipline History 

A lawyer needs to be able to prove a baseline of your job performance history to show that you are a satisfactory worker. This includes reasons that you were disciplined for in the past, if it even happened at all. This can help show that an employer is lying when they say that you are a bad worker because there is a history showing the exact opposite.

In addition, the job performance and discipline history of other employees can help show that you were discriminated against. For example, if you were disciplined for being late one day and other employers are late all the time, you can argue that you were disciplined for your protected characteristic. If other people with your protected characteristic were also disciplined, then you will have a very solid case on your hand. 

Are you being discriminated against? Reach out to a local workplace discrimination attorney. They'll hear your specific story and let you know what the next steps should be.