Employment discrimination is not always easy to prove but sometimes a plaintiff loses a case because they don’t have sufficient facts to support it. To win an employment discrimination lawsuit, you need to provide the facts and the law needs to be on your side. You need to be sure that the employment discrimination you have experienced is illegal and then gather all the evidence that supports your employment discrimination case.
There are many types of employment discrimination that could be based on what are called protected classes these are gender, ethnicity, color, religion, age, and sexual orientation. The action taken by your employer could be lack of promotion, failure to get pay parity with other workers, reduced vacations, less overtime and even being fired
The Importance of Evidence
The employee must first provide evidence that she or he is a member of a protected class, was qualified for the position held, suffered an adverse employment action such as being fired, and that she or he was replaced with another worker who is not a member of that protected class. If the employee can prove this, then the burden shifts to the employer to provide evidence that there was a legitimate reason for the employee being fired.
You are only likely to win an employment discrimination case if you have strong facts to support your case. There is documentation you can use as evidence when trying to improve your case.
Documents to Help Your Case
These include the following:
- performance evaluations;
- email, texts, messages;
- arbitration agreements;
- demographics of the company; and
- prior lawsuits against the company.
Performance Evaluations
If you believe you have suffered employment discrimination by not being offered promotion, even though you have had recent favorable performance evaluations, you need to provide the documentation showing the performance evaluations.
Email, Texts and Messages
If you have suffered employment discrimination such as being denied overtime because you are a member of a protected class and you have viewed emails, texts or messages that show why you were denied overtime;
Arbitration Agreements
Arbitration between the employee and employer is a faster simpler and fairer way to solve employment discrimination disputes, and results in more money for employees.
Demographics of, and Prior Lawsuits Against, the Company
If there is evidence available proving that employees have filed successful employment discrimination lawsuits with a company, and then this may make it easier for current employees to win their employment discrimination cases. Evidence must be sought which proves the outcomes of these lawsuits.
Next Steps to Take
It is never easy winning an employment discrimination case as employers don’t make it public why someone has been fired, rejected for promotion, paid less than another worker or has not been offered overtime. There is always some help available to assist you with your employment discrimination case if you are a member of a protected class. To speak with an independent, participating attorney who subscribes to the website, fill out the Free Case Evaluation today!
