Employees seeking justice in an employment claim bear the burden of proving their case by a preponderance of the evidence, which means they must present sufficient evidence to convince the trier of fact that it is more likely than not that their employer violated the law.
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.
Proving employment discrimination can often be difficult because evidence of discrimination tends to be hard to come by. However, there are a few ways wronged employees can make their claims in court and get their case in front of a jury.
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.
Proving gender discrimination can be difficult because direct evidence of bias is rare. Those experiencing gender discrimination in the workplace can create a record by taking notes, engaging witnesses, and preserving documents and communications.
To prove race discrimination, you can provide evidence that you were treated unfairly compared to others of a different race or ethnicity in similar situations. Additionally, you can show that the reason for this differential treatment was not legitimate, such as inconsistent application of rules or policies.
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.
Ten types of discrimination Age discrimination. Disability. Gender/sexual orientation. Gender identity/gender expression. Genetic information. Military status/military obligations. National origin. Religion.
The following would be considered illegal discrimination if there is evidence that the decision was made based on a protected characteristic: Sexual Harassment. Refusal to Provide Services. Unfair Lending Practices. Misrepresenting the Availability of Housing. Refusal to Allow “Reasonable Modifications” Refusing Rental.
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.