How To Prove Discrimination In The Workplace

A person may prove employment discrimination with direct evidence, circumstantial evidence, or a practice pattern. Under federal and state law, discrimination in the workplace is unlawful when it involves gender bias, sexual orientation, race, age, etc.

What Are Examples of Gender Discrimination?

Based on both federal and state laws, it is illegal for employers to discriminate against individuals based on their inclusion in a protected class.

California’s protected classes include:

Disability
Sexual orientation
Age
Request for family care leave
Pregnancy
Gender (including gender identity and expression)
National origin
Genetic information
Religious beliefs
Medical condition
Race
Marital status
Age (individuals over 40)
Disability
Request for leave for a worker’s serious health condition,
Request for pregnancy disability leave

However, while these categories appear clear, discrimination can be difficult to identify. Sometimes, when employers discriminate against employees based, for example, on their age, the employers’ actions can be hard to recognize and prove.

Therefore, the challenge for individuals who are discriminated against and their legal counsel is not to prove that discrimination is illegal but that discrimination has occurred.

When an individual suffers discrimination at work based on a disability, for example, they must be able to do two things to take successful legal action against their employer. Individuals must be able to:

Identify and describe how they have been mistreated at work
Show how their treatment is based on their inclusion in a protected class

Together with their attorney, the individual should also be able to:

Prove that the mistreatment occurred using evidence
Prove that they are a part of the protected class

Often, companies do not recognize gender as a protected class. Employers sometimes mistreat employees based on their gender, violating the individual’s rights and their terms of employment as well.

When employees suspect that their company is making unfair decisions about their careers, passing them up for promotions, or even choosing to fire them based solely on their gender, they must seek legal counsel. These actions violate employees’ rights in California and cannot be tolerated at work or anywhere else.

In this article, we will provide information to help individuals recognize gender discrimination in the workplace and help them discern if they have been victims of gender discrimination.

What Are Grounds for Discrimination at Work?

When people think of discriminatory behavior at work, they often think of obvious, offensive behavior, such as a boss who sexually harasses their employees. However, many different types of gender discrimination occur in the workplace, and while some are egregious, others are more subtle. However, it is vital to recognize that all manifestations of gender discrimination in the workplace are not only damaging but illegal and cannot be tolerated.

Employees may have a rightful claim to a gender discrimination case if, based solely on their gender, they’re superior:

Refuses to hire them
Denies them a promotion, raise, or bonus
Denies them from a specific project
Disciplines them for an unexplained reason
Refuses to provide training
Fires them for no reason
Provides a negative or insulting reference that does not reflect the truth
Provides an inadequate or unfair payment amount
Enacts harassment
Changes the terms of employment

Additionally, some employers ask inappropriate, demeaning, or overly personal pre-employment questions. These questions may seem part of the interview process, but they can be discriminatory.

It is also essential for employees to recognize that their employers can be found culpable for discriminatory behavior committed by other individuals at the office. Depending on the industry and office environment, these people could include supervisors, coworkers, customers, clients, or others.

What Are the Types of Gender-Based Discrimination?

Gender discrimination in the workplace occurs in many different formats. Individuals need to be aware that their company may be found guilty of sexual harassment or gender discrimination based on the following:

Mistreatment because of a person’s sex
Mistreatment because of a person’s gender identity
Mistreatment because of a person’s sexual identity
Mistreatment based on pregnancy-based needs, conditions, or time off

Employers treat workers unequally based on these categories and commit gender-based discrimination.

When individuals suspect that they are treated differently based on one or more of these traits, they should immediately do several things:

Accurately determine that they were mistreated in the office based on these factors

Attempt to record the encounters, messages, or employers’ actions for proof of the discrimination

Contact an attorney to ensure that the action of the employer is, in fact, discriminatory.

This third step is essential for employees who strongly feel their employers discriminate against them. An experienced attorney will listen to the facts of the case, evaluate the evidence, and make a helpful legal judgment regarding the employer’s actions.

How Can I Prove Gender Discrimination at Work?

Proving that an employer discriminates on gender can be complex, and no two cases are the same.

Evidence is integral here; sometimes, employees find it easy to take notes based on offensive behavior. For example, if an employee’s supervisor makes a derogatory comment about their gender, the employee can simply write down the time and the date of every interaction after it occurs. However, this can be difficult when emotions are involved or difficult based on the office’s busy schedule.

Another thing that individuals can do is to search out witnesses. Find someone, or a few people, at the office who have seen or heard the discriminatory behavior. Ideally, these witnesses will agree to support the person who is being mistreated.

A third proactive action employees can take advantage of is notifying their human resources department. This act not only provides someone to talk to but also means the wrongful behavior is officially documented. So, for example, if the employee makes an accusation against their boss, and the boss denies it, the denial will not have as much weight if the act is already in the company record.

One incident is typically not enough to prove that harassment and discrimination occur at work. However, when employees and their attorneys can use evidence and witnesses to show that there exists a pattern of disturbing behavior, the case grows stronger.

On the other hand, workers who report discriminatory behavior repeatedly without proof or success may struggle to make a strong claim. Yet, if the employee can show that the behavior history is valid and did occur, their chances improve. In this case, the employee may be able to collect damages for their employer’s failure to prevent harassment continually.

Not all office discrimination is overt; some of the behavior is subtle and nuanced. However, businesses should know that even if a supervisor’s or worker’s behavior is not overly offensive, their employees may still sue them.

Workers can sue for discrimination if the employer uses subtle policies against people of the same gender identity. When employers use neutral rules and strategies to hold back a group of people of the same gender or gender identity, this is labeled Disparate Impact Discrimination.

What is Disparate Impact Discrimination?

Typically, disparate treatment claims focus on three categories of conduct related to how businesses fire, hire and employ individuals.

The three categories of disparate treatment are:

Failure to hire
Termination
Conditions and terms of work

For example, if an employee is positive that a business did not hire them based on their inclusion in a protected class—in this case, gender—then they may have a strong case for legal action accusing the company of disparate treatment.

Additionally, disparate impact discrimination is, by nature, subtle. Employees should pay attention to the little things, even the hallmarks of the hiring process, such as:

What were the benchmarks the employee had to meet during the hiring process? What traits were valued?

Were the traits the employer valued in the hiring process synonymous with the job and responsibilities?

Where some of the interview questions irrelevant?

These examples show how employees can record specific evidence that may help their claims. Therefore, individuals who suspect workplace discrimination should keep as much documentation as possible, as long as collecting it does not violate the business’ policies.

Suppose the company policy is such that workers cannot hold onto documents and paperwork. In that case, they may be able to work together with their lawyer to subpoena the necessary documents in the future.

Employees should contact a skilled employment attorney when a complex, demanding gender discrimination situation like this occurs. Skilled attorneys know how to defend their clients when an employer violates their rights.

What Are the Solutions to Gender Discrimination in the Workplace?

Individuals who have employers who violate their rights must contact a lawyer specializing in employment discrimination. Together, the attorney and the individual may be able to collect damages, including:

Costs spent at court
Punitive damages
Lawyer fees
Back pay
Reinstatement of the employment position
Injunctions made against the business to halt discrimination
Pain and suffering
Out-of-pocket expenses
Witness fees

Notably, the U.S. Equal Employment Opportunity Commission (EEOC) limits how much punitive and compensatory damages individuals can receive based on the employer’s number of employees.

Are Discrimination Cases Hard to Prove?

Discrimination cases are complex and typically defy generalizations. Some cases have ample evidence and are relatively easy to prove, while others are challenging for the victim and their legal team.

Individuals can file discrimination claims against their employer with the EEOC if the business has 15 or more workers. Additionally, employees can only file discrimination complaints with the CA Dept. of Fair Employment and Housing (DFEH) if the business has five or more workers.

Usually, individuals and their lawyers only have 300 days to file with the EEOC. However, the time allotment for filing with the DFEH is three years.

Individuals must file with these agencies before they begin the process of a lawsuit against the company. When faced with these deadlines and filing requirements, the best chance individuals have is to contact an experienced employment lawyer.

Contact a Qualified Gender Discrimination Attorney

This article focuses on gender discrimination, but there are various types of workplace discrimination, and none of these are tolerated in California.

At Nakase Wade, our attorneys are experienced in employment law and will work hard to protect your rights and ensure that the discrimination you suffered ends immediately. We firmly believe no one should be penalized or held back at work based on gender. When businesses turn a blind eye to gender discrimination in the workplace or support it with subtle yet damaging practices, they must be brought to justice.

At Nakase Wade, our California lawyers and attorneys will listen to the case details and then devise an individualized legal strategy geared toward success. If you have been a victim of discrimination at work in California, contact us today for a free consultation.

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