If you’ve experienced workplace discrimination based on your gender, race, religion, sexual orientation, or other protected characteristic, you have the right to take legal action against your employer. However, building a strong, facts-based claim can be difficult, especially if you’re currently dealing with the emotional distress and humiliation of workplace discrimination.
Fortunately, the highly experienced team at Duddy, Goodwin & Pollard can take on your case and pursue the financial remedies you’re owed. Our Boston employment discrimination lawyers can explain how to prove workplace discrimination and draw on their in-depth legal knowledge to hold your employer accountable for the unlawful treatment you’ve been forced to endure.
How a Lawyer Can Prove Workplace Discrimination
Hiring an attorney who knows how to prove workplace discrimination will drastically increase your chances of filing a successful claim. An experienced lawyer will know exactly how to handle your case to get the results you deserve. First, your attorney must gather evidence that shows you were discriminated against.
Once your lawyer has gathered the necessary evidence and documentation, they’ll have to show that the treatment you experienced was directly motivated by your protected characteristic. A protected characteristic is one that the law prohibits employers from considering when hiring, firing, or taking other adverse employment actions.
Let’s take a closer look at the steps involved in proving workplace discrimination.
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Gathering Evidence Is Critical to Proving Workplace Discrimination
If your workplace discrimination claim isn’t built on a foundation of solid evidence, you likely won’t get the results you’re looking for. Fortunately, a skilled lawyer can investigate your case and collect the evidence they need to construct a strong claim.
Depending on the details of your situation, your attorney may utilize the following forms of evidence:
- Your testimony
- Testimony from coworkers
- Notes, letters, and memos
- Emails and other messages
- Performance reviews
- Records of relevant office policies
- And more
As you can see, there’s a variety of documents and records your lawyer can use to prove workplace discrimination. If you are in possession of or are aware of any other forms of evidence that may help your case, you’ll want to notify your attorney so they have all the information they need to file a winning claim.
Proving Your Employer Was Aware of Your Protected Category
Another important step in the process of proving workplace discrimination is to establish that your employer was aware of your protected characteristic. While some protected characteristics like race and gender may be immediately apparent, others, such as pregnancy status and religion, might be less obvious.
An attorney can use the evidence they gathered during the investigation process to show that your employer was or should have been aware of your protected characteristic. It’s important to note that you may also be eligible to file a workplace discrimination if your employer discriminates against you for a protected category they believed you were part of but, in reality, are not.
For example, if you have cancer or another condition that impacts your health but doesn’t cause you to be disabled, your employer may think that you have a disability and fire or demote you. In this situation, you’ll still be able to take legal action against your employer even though you aren’t technically disabled.
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Demonstrating the Motivation Behind the Adverse Action
Workplace discrimination occurs when an employer takes an adverse employment action against you because of your protected characteristics. As mentioned earlier, adverse employment actions can include firing, demotion, and any other action that impacts the terms, conditions, and privileges of your employment.
The key to proving workplace discrimination is to show that your employer’s adverse actions against you were directly motivated by your protected characteristic. Your lawyer can establish the connection between adverse action and protected category in several ways.
For example, if you believe you received a poor performance review because of your race, your lawyer can compare your performance review to your coworkers who do the same amount of work as you but are of different races.
If your attorney finds that your coworkers who perform the same tasks all received higher marks on their review, they can use that evidence to bolster your claim. Additionally, your lawyer can use any messages, emails, or records of your employer making racist remarks or admitting that the adverse action they took was motivated by your race.
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Hire a Skilled Lawyer to Help You Prove Workplace Discrimination
While familiarizing yourself with the steps involved in proving workplace discrimination can be helpful, there’s no substitute for a committed workplace discrimination lawyer. An attorney can use their experience and resources to collect evidence and prove that the adverse action you experienced was directly motivated by your protected category.
Having an experienced lawyer can also prove invaluable when it comes time to file a claim with the Equal Employment Opportunity Commission (EEOC) or another body. They’ll be able to fill out forms correctly, ensure everything is filed in a timely manner, and help you avoid mistakes that could hurt your case. They’ll also be able to determine if you can sue your employer.
Lastly, the right attorney for your case will have in-depth knowledge of the laws that protect you from workplace discrimination. For example, if you’ve experienced discrimination based on your race, religion, sex, national origin, or color, an attorney can draw on their knowledge of Title VII of the Civil Rights Act of 1964 to make your claim as strong as possible.
Learn More About How to Prove Workplace Discrimination
Facing discrimination in the workplace can make your life incredibly challenging, especially if you’ve been fired or had your pay reduced. The good news is that a dedicated Boston employment discrimination lawyer from the team at Duddy, Goodwin & Pollard can take on your case and pursue the damages you need to keep your life and career on track.
Contact us today to learn more about how to prove workplace discrimination and get the remedies you need to move forward. We’ll meet with you for free to discuss your situation, answer any questions you have, and explain your best course of action.
Call or text (860) 999-9394 or complete a Free Case Evaluation form