How to Prove Unlawful Discrimination in the Workplace

While there are employment laws that prohibit certain types of discrimination, such abuses are still a widespread problem in the US workforce.

The problem with discrimination is that it may be difficult to prove.  For example, an employer can reason out that he did not hire workers belonging from the same ethnic group because they did not meet the requirements when the real reason is that he has a racial prejudice against those people.

However, it does not mean that victims of discrimination cannot do anything that will stop the abusive practices. These are the step-by-step procedure for proving discrimination claims:

1. Know the Federal and State Laws Regarding Discrimination

The federal law prohibits discrimination based on gender, pregnancy, age, disability, religion, genetic information, race, and national origin.  In addition, some states also prosecute discrimination based on sexual orientation and marital status.

While discrimination comes in many faces, the target of this abusive practice can experience “unfavorable treatment” that usually results to economic disadvantages or emotional distress.

2. Determine if an Incident is Considered Discriminatory in Nature

If a person thinks that he is a victim of discrimination, he should observe the office arrangement.  Are those people from certain ethnic groups are treated less favorably compared to their constituents even if they perform the same job and have the same skills?  Are women or homosexuals do not enjoy the same benefits and perks easily available to men?

If there is a serious and obvious "inconsistency" in the workplace arrangement, this may already show that discrimination is taking place.

3. Inform the Employer or One of His "Representatives" About the Discrimination

Most large corporations have a grievance process where the employees can report any discriminatory practices and abuses inside the workplace. In most cases, companies which provide a grievance process will not be held liable for discrimination if a worker fail to use this to address his problem.

However, if the companies have no grievance process or fail to stop the discriminatory practices, the workers should resort to other ways.

4. Contact the US Equal Employment Opportunity Commission (EEOC)

This is the agency that handles discrimination cases and assists workers from filing claims against their employers. However, workers can also file a discrimination case to a federal court.

5. Gather Evidence

Company policy, employment contract, a written personal experience of discrimination, memos, records of discriminatory conversations, and witnesses (other coworkers), and other evidence can prove discrimination in workplace.

Ultimately, you will need to consult with an employment attorney if you choose to pursue legal action against a discriminatory employer, co-worker, manager or supervisor