How Do You Prove Discrimination?


    Although it’s easy for most people to feel when they’ve been discriminated against, it can sometimes be hard to prove that it’s happened.  People deserve to be respected in the workplace and their daily life, and it can be hard to support that if people don’t believe you.  Instead of changing jobs or living situations, here are the top ways to prove workplace discrimination.

    The Obvious Proof

    Some who experience discrimination are fortunate enough that the rude or hateful comment was made digitally, on film, or a recorded call.  This type of record can show physical proof that the conversation happened and deliver when it happened.  When you’re trying to prove discrimination, these are the top pieces of evidence.

    Digitally this could be a text message, an email, or a private message on the work-hosted network.  Other discrimination cases make their way using videos with audio, showing tone and intent better than text ever could.

    A History of Behavior

    No company or person suddenly wakes up and starts discriminating against people.  There’s usually a line that can be traced back.  Whether it’s hiring behavior, how employees are treated, or how coworkers treat each other.

    To prove discrimination in this way, you’ll have to gather information and show how it supports your claims.  Against companies is more accessible since dozens of ways a company may discriminate against their employees.  Pay differences, homogenous hiring, lack of promotions for specific people, or thoughtless and hateful speech against some groups may add up into a viable lawsuit.

    For singular people discriminating against others, it can be a more challenging trail to track.  Instead of trying to use minor points, look for more extensive details.  These details may be that they were fired for rude behavior or other people mentioning how unsafe they feel around this individual.

    If you can’t find a history of them discriminating, that doesn’t mean you’ve lost your case, but you’ll have to find another way to show evidence.

    Witnesses of the Incident

    Even if you cannot catch the activity on camera or in text, many discrimination cases can stand because other people saw or heard what happened.  The best thing to do, is soon after the harassment happens, attempt to ask the person who witnessed it to write down what they saw or heard.  Some may push back because they don’t want to get involved, but most people want to do the right thing and help.

    Witnesses can help, especially if you have other evidence and because they show that other people caught the tone of the situation and agree that what happened was wrong.  Unfortunately, if you’re close with the witness, the person who discriminated against you can tell the court that the two of you are lying, so try to have a good defense if they try to say that.  

    People who have been discriminated against or lost prospects or faith in their jobs because of discrimination deserve to have their voices heard and to move on from this.

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