Workplace discrimination continues to run rampant in workplaces across our country. Those who are subjected to it are treated unfairly and oftentimes experience adverse employment actions as a result. This includes demotion, reassignment, lost hours and even termination. The emotional, psychological and financial harm caused by workplace discrimination can be unbearable, completely transforming the life that you’ve built for yourself. And the action taken against you based on discriminatory justification or out of retaliation can damage your career, preventing you from advancing in your field of employment as you’d hoped.
The good news is that you might be able to find accountability for the harm that’s been caused to you by pursuing a workplace discrimination claim against your employer. But before diving head-first into the process, you need an understanding of the best way to prove your claim. So, let’s look at what you can do right now to start developing the persuasive workplace discrimination case you need to be successful.
There are a lot of different ways to go about building a workplace discrimination case. Here are some things that you should keep in mind as you navigate your claim:
- You have to prove motivation: To succeed on your claim, you’ll have to show that your employer’s actions against you were motivated by a discriminatory purpose. Although there’s sometimes direct evidence that support a finding of discriminatory motive, such as discriminatory statements, in most instances you’ll have to look at circumstantial evidence to build your case.
- Inequality matters: You can’t be treated differently or unfairly simply because you belong in a protected class. If members of a different gender, race, or religion are allowed to do things that you aren’t, then you should look at the matter more closely to determine if those differences in treatment constitute discrimination.
- Disparate impact can come into play: Not all workplace discrimination is intentional. Sometimes a neutral workplace policy or practice is implemented that ends up having discriminatory application. This is often seen when there are unjustifiable physical requirements for a job that disproportionately affect women.
- You need to know what’s in your personnel file: The documentation in your personnel file can help you build your workplace discrimination case. It will contain performance appraisals that’ll show how your work has been viewed by your employer, and it may contain disciplinary justifications. This information could help show the basis for your employer’s actions, such as by eliminating merit-based decisions given your strong performance appraisals.
- Witnesses can be key: The testimony of those who observed you being treated unfairly can be crucial to the outcome of your case, since their perceptions can give the court an unbiased account of the events in question. Make sure you talk to coworkers who may have witnessed the discrimination to which you’ve been subjected so that you can lean on their testimony in your case, if needed.
- Tracking your damages is important: Even if you prove that your employer is liable for discrimination, you’re only going to recover compensation if you can prove your damages. It’s therefore important that you document any mental health treatment you obtain, any training and education you receive, and any lost wages that you experience. Also be sure to document how the discrimination affects your ability to live and enjoy your normal life.
Don’t let your employer get away with workplace discrimination
There’s a lot at stake after you’ve been discriminated against. But nothing is going to be corrected if you don’t take action. So, do what you can to educate yourself on the legal process and what you can do to develop a strong workplace discrimination claim. By doing so, you’ll maximize your chances of winning your case, finding peace of mind and putting yourself on track to reclaim what has been wrongfully taken from you.