No one at work should face discrimination. It is an unfair practice and highly illegal. This can take the form of being passed over for a promotion, being treated unfairly because of your race or gender, or even experiencing harassment. But how to prove discrimination in the workplace? That can be challenging.
If you believe you’re being discriminated against at work, you must know your rights and how to gather the right evidence. Here are the steps you can take to prove your case.
What Counts as Workplace Discrimination?
Workplace discrimination happens when an employer mistreats an employee based on protected characteristics, such as:
- Race
- Gender
- Age
- Disability
- Religion
- Other protected classes under federal and state laws
There are several forms of discrimination, but the most common ones include:
- Hiring and firing: If you were rejected for a job or let go because of your race, gender, age, or another protected trait, that is considered discrimination.
- Unequal pay and promotions: If someone less qualified gets a raise or promotion over you because of bias, that could be illegal.
- Harassment: Offensive jokes, slurs, inappropriate comments, or any behavior that creates a hostile work environment is discrimination.
- Retaliation: If you report discrimination and suddenly face negative consequences, such as poor performance reviews or demotion, your employer may be retaliating against you.
For many people, they might not know they have experienced discrimination. Sometimes, the signs are subtle. It could be as innocuous as being left out of important meetings, receiving vague negative feedback, or noticing a pattern of unfair treatment. If something feels off, you may want to pay attention. These could be violations of employment law.
Proving Workplace Discrimination
This step is difficult because employers rarely admit to biased behavior. However, you can build a strong case to prove workplace discrimination with the right approach.
Keep Detailed Records
The first step is documenting everything. You may want to start a journal or keep a secure digital record of incidents that seem discriminatory. Make sure to write down:
- What happened in detail
- Who was involved, including names of managers, coworkers, or witnesses
- When and where it occurred, such as dates, times, and locations
Also, keep any supporting documents. You should save emails, text messages, performance reviews, or any written communication that supports your claims.
Look for Patterns
Most employers will not come right out and say they’re discriminating against you. For that reason, you will need to look at the bigger picture. Some questions to ask may include:
- Are others in my position being treated differently?
- Has my employer given inconsistent reasons for certain decisions?
- Are people of a certain race, gender, or age group getting better opportunities?
For example, if your company has a history of only promoting men while equally qualified women stay in lower positions, that is a sign of gender discrimination.
Collect Witness Statements
If coworkers have witnessed discriminatory behavior, you may want to ask if they’re willing to provide a written statement. Unfortunately, some people may not want to get involved. Don’t be discouraged. While unbiased third-party statements can help, there are other ways to validate your claim.
Report It Internally
Before taking legal action, you always want to follow your company’s procedures for reporting discrimination. This involves filing a complaint with human resources. You will want to put it in writing. Whether you email HR or submit a formal report, make sure there is a paper trail. When making a complaint, explain exactly what happened and include any evidence.
Most importantly, you will want to keep copies. You should always save copies of your complaint and any responses from your employer.
Even if your human service department does not take action, reporting the issue shows that you tried to resolve it internally before escalating the matter.
At this stage, you have the documentation needed to file a complaint with the U.S. Equal Employment Opportunity Commission or take further legal action. Usually, you have to take a few steps before pursuing a lawsuit. Working with a lawyer can help you determine your options.
What If Your Employer Denies It?
Unfortunately, employers will have plenty of excuses to cover up their behavior. They can outright deny the accusations or provide an explanation for their actions.
To counter these defenses, your best strategy is to show inconsistencies in their reasoning. For example, if your employer claims poor performance but you have positive reviews or emails praising your work, that weakens their argument.
Proving workplace discrimination is not easy. The key is to document everything. If you feel like you are being treated unfairly, you should never ignore it.
No one should tolerate discrimination at work. At Folkman Law, we are here to help you overcome these barriers and hold employers accountable for their behavior.
