If you've experienced unlawful discrimination, you can complain to the person or organisation who's discriminated against you. You can also make a discrimination claim in the civil courts. Read this page to find out what you should do before you take action about unlawful discrimination.
However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.
Age. Age discrimination involves treating someone (an applicant or employee) less favorably because of age. Disability. Genetic Information. Unlawful Workplace Harassment (Harassment) ... National Origin. Pregnancy. Race/Color. Religion.
Keep a Written Record: The first step in documenting employment discrimination is to keep a written record of every incident that occurs. Your records should include dates, times, locations, who was involved, who witnessed it, and details of what exactly happened.
To prove discrimination, a complainant has to prove that: they have a characteristic protected by the Human Rights Code Code; they experienced an adverse impact with respect to an area protected by the Code; and. the protected characteristic was a factor in the adverse impact.
Keep a Written Record: The first step in documenting employment discrimination is to keep a written record of every incident that occurs. Your records should include dates, times, locations, who was involved, who witnessed it, and details of what exactly happened.
If it has been found to have been on a specified ground, then unfairness will be presumed. If on an unspecified ground, unfairness will have to be established by the complainant. The test of unfairness focuses primarily on the impact of the discrimination on the complainant and others in his or her situation”.
After the complaint is filed, it will be reviewed and preliminary information will be gathered to determine whether the Labor Commissioner has jurisdiction over the issues raised. If it is determined that the Labor Commissioner has jurisdiction, the complaint will be accepted for investigation.
Document the information during or directly after the event so the details are as accurate as possible. Next, save copies of memos or emails that exhibit illegal or unfair practices. To support your claim, the last step is: ask witnesses to record their observations of what happened to support your claim.