How To Prove Discrimination
Discrimination at the place of work is said to occur when one gets treated differently from the rest as a result of various factors. When one gets treated differently and in most cases unfavorably based on their race, sex, national origin, religion, ethnic group age or disability, discrimination has taken place. How to prove discrimination has occurred is at times a challenge especially when it occurred in private, and no evidence is available.
At one’s place of work, there are different forms of discrimination that might occur. As an employee, it’s always good to be aware of the various types so that you can get prepared. The different kinds of discrimination include the following but not limited to them. Age, disability, race, religious, pregnancy, sex/gender discrimination are the main categories.
Although there are many laws in place enacted to help a person determine if they got unlawfully treated, how to prove it took place remains a challenge. Here at United Employees Law Group understand that discrimination claims are different and hence help employees with some questions that can use to help them know if they got discriminated. Proving that discrimination took evidence must accompany place. The type of proof include
1. Direct evidence. It’s the best prove to show that some discrimination occurred. It includes statements from supervisors or managers that directly relate to the adverse action that occurred to you. For example, if one’s employer states that you won’t be employed, or you got fired as a result of age or sex, you can take that as direct evidence of proving that discrimination occurred.
2. Circumstantial evidence. It’s well known that the chances of getting direct evidence are minimal since most employers are well-trained to ensure that it never happens. As a result, most employees rely on the circumstantial evidence to prove that discrimination occurred. Circumstantial evidence arises in the following cases.
a) When you got treated differently than another person in the same situation.
b) When the manager or supervisor made rude or derogatory comments aimed at you.
c) When there are unjust, severe or unusual treatments in your circumstances
d) When your employer has the history of being bias towards people of your class.
e) When there are few employees at the place of work of your protected class.
f) When other employees of your protected class complained of getting discriminated
g) Evidence of statistics that shows favoritism or bias against any group at the place of work.
h) When your employer violates established company policy relating to the way you get treated.
i) When the company retains less qualified people in the same job and fires others qualified.
So, when you get fired, the company is supposed to offer explanation and good reason as to why you got fired. When there is no valid reason, it can form the basis for your claim that discrimination occurred. You can come to United Employee Law Group for help.
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