How can I prove I am a victim of workplace discrimination?

Workplace discrimination remains a pressing issue, with more employees each year alleging unfair treatment based on race, gender, religion, age, disability or other protected characteristics. The Equal Employment Opportunity Commission (EEOC) received over 81,055 workplace discrimination complaints in 2023 alone, a 10.3% increase from 2022.

Employees may experience subtle forms of discrimination that can be difficult to pinpoint. Discrimination often manifests in various ways, such as inequitable hiring practices, unfair treatment during promotions, unwarranted disciplinary actions or persistent harassment.

Collecting evidence to support a discrimination claim

Employees who believe they have been discriminated against can start by gathering as much documentation and evidence as possible. This may include:

• Documenting incidents: A record of specific instances, dates, times, locations and individuals involved provides a foundation for a potential case. Such records can reveal patterns of behavior or establish a timeline of discriminatory actions.
• Email and message records: Emails, memos and texts that illustrate discriminatory statements or behavior are valuable pieces of evidence. These records show direct communications and can demonstrate attitudes or language that may indicate bias.
• Performance evaluations and job reviews: Sudden negative performance evaluations or written reprimands shortly after making a complaint about discriminatory treatment, may serve as evidence of retaliation. Abrupt or unjustified criticism may indicate that the employer’s actions are related to the discrimination complaint rather than the employee’s actual job performance.
• Witness statements: Colleagues who observed discriminatory actions or overheard comments may be willing to provide statements supporting the claim. Witness accounts lend credibility and help corroborate incidents from multiple perspectives.
• Formal complaints or reports: Records of complaints made to Human Resources or a supervisor about the discriminatory behavior further substantiate claims. Retaliation following a formal complaint can also be a strong indicator of discrimination.

Unfortunately, the burden of proof lies with the employee, which can be intimidating and overwhelming. As a result, individuals are encouraged to consult with a legal team for guidance tailored to their specific circumstances and help ensure that the evidence in their case will do what they need it to do as they seek justice.