How to Prove Discrimination in the Workplace
Unfortunately, employment discrimination occurs regularly in this country. Speak up and fight if this is happening to you or someone you know.
Here’s how to prove discrimination in the workplace.
Introduction
What constitutes discrimination? It is the unequal treatment of a person or group of people due to identifiable traits. In the United States, employees have a legal right to be free of discrimination at their workplace. They have a right to not be subjected to unfair treatment – or be treated in a way that sets them apart from others based on specific personal characteristics. Yet, despite all the federal anti-discrimination laws that have been put in place to protect employees, this is still a very common problem in our country.
If you or someone you know has been the victim of discrimination in the workplace, it is important to be able to prove it. Here’s how you can do that.
Types of Discrimination
Did you know there are many different types of discrimination? Most people tend to focus on the main characteristics that lead to this behavior, such as race, gender, and disability. Though, believe it or not, even more characteristics are protected under federal workplace discrimination laws.
Age: Whether an employee or an applicant, employers are not legally allowed to treat an individual differently due to age if over the age of 40. Refer to the Age Discrimination in Employment Act (ADEA).
Sex/Gender: Sexual orientation and gender are personal traits and should in no way be used to treat employees or applicants differently.
Race: Employers hold a legal obligation to treat employees and applicants the same despite race or skin color. Again, this is based on the Civil Rights Act of 1964.
Religion: Per the Civil Rights Act of 1964, every employee has the legal right to practice religion how they deem necessary. Employers cannot discriminate against an employee for doing so.
National Origin: Employees and applicants have the legal right to be free from discrimination based on their nationality or where they are from. You may want to refer to the Immigration Reform and Control Act of 1986.
Disability: According to the Americans with Disability Act and the Rehabilitation Act, employers cannot discriminate against employees or applicants based on physical and/or mental disabilities. In fact, they are legally required to provide reasonable accommodations, too.
Equal Pay and Compensation: Equal work legally requires equal compensation. This applies regardless of gender and is part of the Equal Pay Act.
Pregnancy: Women who are pregnant are legally required for the same rights as all other employees or applicants. This applies before, during, and after giving birth. This is based on The Pregnancy Discrimination Act.
Genetic Information: Genetic information does not have a place in the workplace. Therefore, an employer cannot legally obtain or ask for genetic information from their employees or their applicants. This is based on The Genetic Information Nondiscrimination Act of 2008.
Harassment (Including Sexual Harassment): Harassment can lead to extremely uncomfortable – and even hostile – work environments. Whether initiated by the employer, supervisor, staff member, or customer, complaints of harassment of any kind need to be addressed and dealt with immediately. The employer’s job is to prevent these instances from happening – and handling them appropriately if they do. Harassment is banned by the Civil Rights Act of 1964, the Americans Disability Act of 1990, and the Age Discrimination in Employment Act of 1967.
Retaliation: Filing a discrimination claim can upset an employer and lead to acts of retaliation. The employer is legally not allowed to do this.
This list is not exhaustive. If you feel as though you have been subjected to discrimination regarding something not listed above, don’t hesitate to speak to an attorney to get a full understanding of your legal rights.
What is the EEOC?
The Equal Employment Opportunity Commission (EEOC), created by the Civil Rights Act of 1964, is the entity responsible for enforcing the federal laws making the above types of discrimination in the workplace illegal. It is also responsible for handling all regulations and policies to ensure equal employment opportunity.
Whenever there is a charge of discrimination in the workplace, the EEOC investigates. And, often, then work to settle the charges. If this doesn’t work, it is the EEOC who brings a lawsuit on behalf of the victim of discrimination.
The EEOC has its headquarters in Washington, D.C., but has field offices in nearly every state throughout the U.S.
Keep in mind that there are multiple laws and organizations that work to protect the rights of employees. Speaking to a lawyer can help you weed through the laws that will protect your rights based on your particular situation.
Proving Discrimination
We all know that, despite best efforts, discrimination happens. Unfortunately, it often comes down to he said/she said situation. To ensure that you can properly prove that discrimination did occur, you will want to document everything.
Handbooks and Flyers: Anything that your employer gives you or posts throughout the space that states the discrimination policies and procedures should be kept. These can be used as part of your case.
Personnel Files: Your human resources department should be able to provide you with your personnel records. If you have been given anything in writing, as well, from your employer such as reviews or disciplinary reports, create your file.
Medical and Mental Health Records: If you have had to speak to a doctor or therapist due to the situation at your workplace, you will want to include these instances. It could be physical injury, anxiety or high blood pressure, and so forth.
Witness List: If anyone has witnessed the discriminatory behavior, add them to the list. They can be a crucial part of proving your case.
In short, the more detailed you are in keeping records about your discrimination, the easier it will be to prove your discrimination.
Conclusion
Hiring an attorney may be the best step you can take if you feel that you have been the victim of discrimination. Nobody deserves to be treated unfairly and, thankfully, there are laws put in place to ensure that this doesn’t happen. Though, it will. And, with the right attorney and the proper documentation, you will be ready to face it and protect your rights.
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