When you make a discrimination claim, you need to provide the court with evidence from which it could decide that the discrimination took place. The obligation on you to provide this evidence is called the burden of proof.
The easiest way to prove unlawful discrimination is through the use of direct evidence. Direct evidence is the kind that, if believed, requires a conclusion that unlawful discrimination motivated the employer's decision. Direct evidence requires no inference or presumption.
You'll want to address the person by name, include the date at the top of the letter, and your name, address, and phone number at the bottom. After the salutation, state the following: A description of the events or incidents you believed to be discriminatory, and when they occurred.
Explain as clearly as possible what happened, why you believe it happened, and how you were discriminated against. Please include how other persons were treated differently from you, if applicable. If you were denied a benefit or service, please provide a copy of the denial letter.
The way in which that can be done and proven is generally through circumstantial evidence showing that you are a member of a protected class, that you were denied a promotion, for example, and that the reason that your employer gave for why it denied you that promotion, was actually just a pretext for discrimination.
This includes notes of any incidents, copies of emails, and any relevant documents or recordings. Keeping a journal of the discriminatory or retaliatory behavior is also helpful to help keep track of events and dates and also as evidence of discrimination, retaliation, and the emotional impact on the employee.
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Massachusetts law prohibits discrimination on the basis of a person's membership in a protected class, such as: Race (including natural & protective hairstyles) Color. Disability.