Employment discrimination claims: what the employee must prove to win

When employees are treated poorly and suspect that it is due to discrimination, they may want to sue. To win, the plaintiff has the burden of proving that he was a member of a protected class, that the employer’s action was gross and discriminatory, and there was no legitimate, non-discriminatory explanation for the employer’s behavior. say.

1. Have you suffered a serious adverse employment action?

Getting laid off, not hired, demoted, ignored, getting poor assignments, not getting good assignments, paying less for the same job – all of these things happen in the workplace. To be the basis for subsequent discrimination, the employer’s actions must be related to the employee’s status in a protected class (race or gender, for example), the adverse treatment must be substantial and harmful, and “reasonably likely to alter performance. or an employee’s job prospects for advancement. ” This means that minor things, while unfair, are generally not enough for a lawsuit. If your boss is critical of your work, has favorites, or has unreasonable demands, these factors will generally not support a discrimination claim.

2. Are you a member of a protected class?

Both federal and state laws prohibit an employer from discriminating against people on the basis of: race, religion, color, national origin, disability, marital status, gender, sexual orientation, age, and pregnancy. Title VII of the Civil Rights Act of 1964 is the primary federal anti-discrimination law and is administered by the Equal Employment Opportunity Commission. The California Fair Employment and Housing Act prohibits discrimination in all aspects of employment, including hiring, firing, and terms and conditions, and many other states have similar laws.

3. Can you prove discrimination?

Direct evidence is the easiest way to show that discrimination occurred. Direct evidence of discrimination includes statements from supervisors, managers, or other witnesses that go directly to the heart of the problem. For example, if the boss tells a co-worker that employee Smith will not get the promotion because she is a woman, or that employee Green will be fired because she is gay, then the plaintiff has a simple case.

Most cases of discrimination are circumstantial. The likelihood of success can only be determined on a case-by-case basis after consulting with an attorney. This is a hypothetical case in which the claimant can file a claim of discrimination: a fired employee alleges that he was 1) a member of a protected class 2) that the employee was qualified for the position 3) that the employer took adverse action against the employee firing him, and 4) the employee was replaced by a person who was not in the protected class. Showing those facts declares a claim. However, the case is not over.

4. In a circumstantial case, your employer may try to show that your actions were not discriminatory.

An employer always has the opportunity to offer a legitimate and non-discriminatory reason for their actions. The employee must then demonstrate that the reasons given are a pretext; just a cover for illegal discrimination. This is hard. Sometimes the plaintiff can show that the legitimate reasons offered by the employer are in fact flawed. Continuing with our previous example, suppose the employer claims that the employee was consistently late. Employee timesheets are produced during the case showing that the employee was on time. The law requires the plaintiff to show not only that the employer’s stated reason is false, but also that the adverse action was due at least in part to discrimination.

The burden of proof in discrimination cases is high. The steps above are intended as guidelines for employees who feel they have experienced discrimination at work. The guidelines do not replace the discussion of individual facts with a qualified attorney.