How to Prove Discrimination in the Workplace?

A 2019 study published in the journal SSM - Population Health found that despite over five decades of federal legislation aimed to protect works against discrimination based on race, color, sex, national origin, religion, age, and disability, workplace discrimination still prevails. The researchers noted a recent report by the U.S. Equal Employment Opportunity Commission that indicated more than 80,000 workplace discrimination charges were filed in 2017, with 34 percent race-based, 30 percent sex-based, and 22 percent related to age.

If you've been a victim, you may be thinking about filing a workplace discrimination lawsuit too. The first thing you'll want to do is seek an attorney, but it's also important to understand what's required for proving workplace discrimination as you'll need to provide documents that relate to your claim, which will be crucial for collecting.

Relevant Communications

It can be difficult to prove that you were discriminated against due to a protected characteristic like age, gender, or race as few employers come out directly and say they're discriminating against you for an illegal reason. That means you need some evidence of intent, such as emails, memos, or voicemails that contain biased language. Ideally, you should also keep a written log of repeated incidents of discrimination that include the date, time, and location along with pertinent details as to what happened and the names of any witnesses.

If your employer tells you that you're being let go because you're nearing retirement age and the company is looking for a "younger image," that would be direct evidence of discrimination, which can be in the form of statements written in emails, letters, or notes, or by verbal comments. If your employer uses insulting or derogatory language, or perhaps even slips up and admits a bias against you, it would be a "smoking gun," proving the intent to discriminate.

Physical Evidence

If you were harassed while being discriminated against, perhaps with the intent to get you to quit, such as a vulgar picture or offensive object left on your desk, you'll want to provide that physical evidence to your attorney.

Mental Health Records

If the discrimination has caused you to seek mental health counseling or treatment, it can affect your entitlement to recovery of damages, so you'll want to provide those records to your attorney. If you don't have them, you'll at least need to provide your attorney with the names, addresses, and phone numbers of the professionals involved.

Medical Records

If discrimination directly led to you developing a medical condition like high blood pressure, it's important to provide these records to your attorney as well. Or, at minimum, the names and contact information of healthcare providers you've been treated by related to the issue at hand.

Financial Documents

A successful discrimination suit requires proving that you've suffered damages as a result of being discriminated against. If you experienced lost time from work as a result of discrimination, you'll need to provide your attorney with copies of your pay records. Proving loss of income requires proof of the difference between earnings before discrimination started and earnings afterward. If you're successful, you can recover for lost wages and possibly benefits like retirement contributions, insurance, and more.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes