A written complaint to OSPI must include the following information: A description the conduct or incident—use facts (what, who and when) An explanation of why you believe unlawful discrimination has taken place. Your name and contact information, including a mailing address.
Many cases of intentional discrimination are not proven by a single type of evidence. Rather, many different kinds of evidence-direct and circumstantial, statistical and anecdotal-are relevant to the showing of intent and should be assessed on a cumulative basis.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
Wronged employees have three ways of proving their employers intended to discriminate: circumstantial evidence, direct evidence, and pattern and practice. Circumstantial evidence is evidence that proves a fact by inference, as opposed to direct evidence which directly proves a fact.
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”.
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.
In general, you cannot be fired for filing a complaint with HR about workplace issues, especially if you are reporting concerns related to harassment, discrimination, or other illegal activities.
An individual may be able to sue their Ohio employer for a hostile work environment or a toxic work environment in certain situations. The worker's hostile work environment lawsuit may be filed in an Ohio state court or in a federal court, depending on the facts and circumstances.
To again cite the EEOC, workplace harassment that could cross the line into creating a hostile work environment “may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and ...