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Here’s what to look for when building your discrimination case

On Behalf of | Feb 22, 2023 | Age Discrimination, Disability Discrimination, Sexual Harassment, Wrongful Termination

You deserve to be treated fairly in the workplace and have the ability to enjoy equal employment opportunities. But if you’re reading this blog post, you probably know all too well that workplace discrimination is real and prevalent. But even if you suspect that you’ve been discriminated against in the workplace, the matter isn’t going to be corrected unless you take action. While that might include reporting the discriminatory behavior to your supervisor and your human resources department, sometimes that isn’t enough.

This is especially true if you’ve suffered an adverse employment action based on discriminatory intent. Under these circumstances, you might have to take legal action if you want to find accountability and recover compensation for the harm that you’ve suffered. But to present a compelling claim, you have to have evidence to support your position.

Where do you get evidence to show workplace discrimination?

To build the most comprehensive case possible, you need to be thorough in looking for evidence. Here are some things you can consider as you start assessing your case:

  • Inappropriate interview questions: Some questions should be off limits during a job interview, as they may give the employer a discriminatory purpose to deny you the job. Therefore, questions about your age, disability, religious practices and ethnicity should be scrutinized.
  • Inappropriate jokes: If your supervisor or coworkers make jokes regarding your status in a protected class, you may be left feeling uncomfortable. This is unacceptable, and it may be a way that your employer tries to force you out of your job. Therefore, you shouldn’t just brush these jokes off. You should take them seriously and make sure that you’re recording any offensive statements that people make to you.
  • Promotions favor less-qualified candidates: You should advance in your career based on your merit-based qualifications and experience. But if you’re constantly passed over for promotion in favor of less-qualified candidates, you might want to assess whether there are any consistent personal characteristics in those individuals that would be indicative of discriminatory practices.
  • Unfair performance appraisals: These performance evaluations often set the stage for future adverse employment actions. This includes demotion and termination. But all too often, employers and supervisors treat certain individuals in their performance appraisals unfairly. If this unfair treatment is based on your age, race, ethnicity, religion, or disability, you might have a strong claim that you’ve been discriminated against.
  • Inconsistent penalties: Is discipline consistently applied in your workplace? If not, you might want to consider whether individuals of a protected class are disproportionately affected. If that turns out to be the case, discrimination has likely occurred.
  • Denied accommodations: If you have a disability, you should be able to seek reasonable accommodations from your employer so that you can enjoy equal employment opportunities. But if your employer denies your reasonable accommodation request without adequate justification, you can use that denial as a reason to take legal action based on workplace discrimination.

Are you ready to hold your employer accountable?

If you’re ready to gain some accountability and recover compensation for the harm that you’ve suffered, now is the time to take legal action. We know that can be a scary thought, especially if you still work for your employer.

But an attorney who knows this area of the law well can help your voice be heard. They can assist you in analyzing the facts of your case and crafting the legal arguments that show that you were discriminated against and suffered harm as a result. If that kind of representation is something that you’re looking for, now is the time to think about seeking out a legal team that has proven themselves successful in these matters.