The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.
With 95% of EEOC district court cases being successful, it is clear that legal recourse can be an effective tool for victims of 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.
How to Prove Discrimination in the Workplace You have been treated unjustly based on one of your protected characteristics. You are qualified, capable and honest and performed your job satisfactorily. Discrimination has negatively affected your job. Job decisions were not objective.
What to Ask for in a Discrimination Settlement Lost Wages and Benefits. Emotional Distress and Mental Anguish. Legal Fees and Court Costs. Punitive Damages. Job Reinstatement or Policy Changes. Understand Your Worth. Gather Strong Evidence. Be Ready to Compromise.
You might notice that members of one racial group receive more rewards for the same work or less punishment for the same misconduct. This is illegal, disparate treatment. You prove this discrimination by showing that similarly situated employees of different races are not receiving the same treatment at work.