What Types of Evidence Can I Gather to Prove Employee Discrimination?

Workplace discrimination occurs when an employee or job applicant is treated unfavorably due to protected characteristics like race, gender, age, disability, and more. This unfavorable treatment can manifest in various forms, including adverse employment decisions or refusal to hire.

To prove workplace discrimination, it is essential to gather evidence demonstrating that unfavorable treatment was based on protected characteristics. Here are some types of evidence that can support a claim, along with examples illustrating their use:

• Direct evidence includes statements, actions, or documents explicitly showing discriminatory intent. For example, emails where a supervisor makes derogatory comments about an employee’s race or gender or admits to denying them a promotion based on their protected characteristic.
• Comparative evidence: This involves comparing how the employer treated the affected individual to others with different protected characteristics in similar situations. For instance, if a company consistently promotes male employees over equally qualified female employees, this could indicate gender-based discrimination.
• Statistical evidence: Analyzing company data, such as hiring and promotion rates, can help demonstrate a pattern of discrimination. For example, if a company has a history of hiring only white applicants despite having a diverse pool of qualified candidates, this may suggest race discrimination.
• Witness testimony: Colleagues who have experienced or observed discriminatory behavior can provide valuable testimony. For instance, coworkers who can corroborate claims of harassment or hostile work environment based on protected characteristics or former employees who experienced similar treatment.
• Documentation: Detailed records of incidents, performance evaluations, disciplinary actions, or other relevant documents can be used as evidence. For example, an employee who suddenly receives negative performance reviews after disclosing their sexual orientation, despite having a history of positive evaluations, could indicate discrimination.

Examples of Workplace Discrimination

There are many examples of workplace discrimination. To give you an idea of what it looks like, here are a few:

• Race-based discrimination: A black employee is consistently passed over for promotions despite having better qualifications and performance reviews than their white colleagues. The employer promotes less qualified white employees, demonstrating a pattern of race discrimination.
• Gender-based discrimination: A male applicant with the necessary skills and experience is not hired because the employer believes a female candidate would better “fit” for the company culture. This decision is based on gender stereotypes rather than the applicant’s qualifications.
• Age-based discrimination: An older employee is forced into early retirement or laid off, while younger employees with similar qualifications are retained. The employer justifies this action by saying they need to “bring in fresh blood” or “reduce costs,” but the underlying motive is age-based discrimination.
• Disability-based discrimination: An employee with a disability requests reasonable accommodations to perform their job, such as a modified work schedule or assistive equipment. The employer denies these requests without justification, resulting in the employee’s inability to perform their duties effectively.

South Jersey Employment Lawyers at Sidney L. Gold & Associates, P.C. Can Help Gather Evidence of Discrimination

If you have been discriminated against at work, speak with our South Jersey employment lawyers at Sidney L. Gold & Associates, P.C. today. Call us at 215-569-1999 or contact us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.