However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.
How to Prove Discrimination in the Workplace You have been treated unjustly based on one of your protected characteristics. You are qualified, capable and honest and performed your job satisfactorily. Discrimination has negatively affected your job. Job decisions were not objective.
It will not only benefit you, but your co-workers as well because it will likely make your workplace safer by creating a better environment for all. When you sue, you can also obtain a legal remedy for the discrimination you have faced. Employers often offer a significant sum in these cases.
Discrimination arising from your disability: if you're treated badly because of something that happens because of your mental health problem, for example, if you're given a warning at work for taking time off for medical appointments.
Provide your employer with a doctor's note that outlines your need for an accommodation. While this might not prevent the discrimination itself, it will put your employer on notice of your condition and help prove your case if discrimination does occur.
The chances of winning your discrimination case can vary dramatically depending on the particular circumstances you face. When a lot of evidence has accumulated against your employer, such as emails and history of discriminatory remarks in front of multiple witnesses, your chances of winning a lawsuit are higher.
Possible solutions: Ask that a job coach be present when you meet with your employer for feedback; offer your own perspective on your strengths and weaknesses; ask for specific ways to improve; ask to receive feedback in writing with an opportunity to discuss it later.
With 95% of EEOC district court cases being successful, it is clear that legal recourse can be an effective tool for victims of discrimination.
1. Quick and Low-Stress. In our experience, most employers and employees prefer to settle discrimination cases out of court instead of going to trial. This is because settlement negotiations are usually faster and less stressful than litigation.
Human Resources: Do's and Don'ts of Reporting Discrimination or Unlawful Harassment DO report discrimination in writing. DO explicitly use the words “discrimination” or “unlawful harassment.” ... DO be concise in your written complaint. DO keep record of your communications with HR.