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.
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.
Does Title VII apply to all employers? Title VII applies to private-sector employers with 15 or more employees, to state and local government employers with 15 or more employees, and to the federal government as an employer. Title VII also applies to unions and employment agencies.
To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably.” ...
In these instances, you may be able to prove discrimination occurred against you if you can establish a verifiable pattern of various types of harassment happening on the job. These can include racist comments, sexually suggestive comments or emails directed at you, or other acts that could be deemed as harassment.
Proving workplace discrimination in California can be one of the most difficult steps in a successful discrimination case. It can also be complex, confusing and frustrating.