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.
Legally, the term “discrimination” covers only actions that are taken against people because they belong to certain protected classes such as age, gender, race, and the many others that will be discussed in detail throughout this chapter.
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.
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.
Unlawful discrimination under the Ohio Revised Code includes discrimination based on certain “protected classes.” Protected classes may include factors such as race, color, national origin, religion, disability, age, familial status and military status.
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.
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.
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.
Direct evidence often involves a statement from a decision-maker that expresses a discriminatory motive. Direct evidence can also include express or admitted classifications, in which a recipient explicitly distributes benefits or burdens based on race, color, or national origin.
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.