How can you prove discrimination at work?

Potential clients often suspect that they have been the victim of unlawful discrimination at work, but are concerned that it will be hard to prove in court. Employment discrimination litigation is difficult, but can be won by an experienced attorney.

Most employers are not dumb enough to actually say out loud or in writing that they are knowingly breaking the law – although you might be surprised how many do so one way or another.   Fellow employees will promise to back you up and tell the truth, but very few people have the guts to testify against the people who sign their paychecks.

One very important thing you can do is PUT THINGS IN WRITING! If you are asking for an accommodation, if you are reporting harassment, if you are requesting medical leave, if you are  concerned that you are being targeted unfairly – put it in writing. Email is a great tool for this. Writing = proof.

You can’t make your supervisor put things in writing, but you can use an email or text message to help confirm something that a supervisor told you verbally. A quick email or text saying “As we discussed, I’ll be leaving early on Wednesday to go to my doctor appointment.” can keep the employer from denying that it knew about your medical condition, or claiming that you left without permission.

Write things down for yourself too. Keep a journal – at home, not at work – and write down what happened at work, using names, dates, and exact quotes.

In most cases, we prove unlawful discrimination through circumstantial evidence.  Circumstantial evidence is indirect evidence that leads to a conclusion.  It allows a jury to infer the truth using their common sense.  For instance, if your kid walks into your house dripping wet and carrying an umbrella, that is circumstantial evidence that it is raining.  You don’t need to actually see the rain fall from the sky to know the truth.

In an employment suit, circumstantial evidence may take many forms.  A sudden spate of bad evaluations, a decrease in hours or assignments and an increase in discipline may indicate unlawful discrimination, particularly if other employees are treated better.  Comments, jokes and other inappropriate conduct may also serve to prove unlawful discrimination.

Even after the litigation begins, circumstantial evidence of unlawful discrimination may arise.  For example, if the employer offers multiple, inconsistent reasons for terminating the employee, that inconsistency is evidence of unlawful discrimination.

Contact my office if you have questions about your rights in the workplace.  I have seen and handled hundreds of potential employment discrimination cases and I would be glad to discuss yours. Our discussions are always confidential.

George Barron

I am an attorney based in Wilkes-Barre, PA. I practice employment law, immigration law and personal injury law.