How to Prove Employment Discrimination

In the workplace, it is illegal for an employer to mistreat any group of people, despite their personal biases. Laws protect certain classes of people against discrimination, so it is possible to fight a company for unfair practices. At the same time, a person may have a difficult time trying to prove that an enterprise engaged in discrimination. Most businesses want to avoid bad publicity and lawsuits, so they disguise their intolerant behavior with seemingly innocent excuses and try to find legal loopholes with which to justify their methods.

If you believe you may be the target of discrimination at work, take detailed notes of the behavior that leads you to believe this, including the date and time it occurred. Then, be sure to discuss your concerns with the human resources department at your company and a Denver employment lawyer.

Anti-Discrimination Laws in the U.S.

Discrimination is the unfair treatment of a person based on certain factors, such as race, religion, or national origin, according to Title VII of the Civil Rights Act of 1964. The same law protects pregnant women and people with medical conditions from intolerant company practices.

Many state laws prohibit unfairness against a person because of their:

• Gender identity
• Sexual orientation
• Immigration status
• Language
• Genetic information

Furthermore, the Age Discrimination in Employment Act (ADEA) outlaws biased hiring processes against people due to their age. The law protects individuals 40 years of age and older. The Americans with Disabilities Act (ADA), prohibits prejudice against individuals with disabilities.

In Colorado, workers enjoy greater protection under state laws, such as the Colorado Anti-Discrimination Act.

Types of Discrimination Claims

A person can bring about three types of claims if they believe their former enterprise treated them in with bias, including the following:

• Discriminatory Intent or Treatment: Covers cases where employers engaged in unfair treatment against a person of a protected class.
• Disparate Impact: This claim involves discrimination based on the effect of an employment rule, practice, or policy that adversely affects individuals of a protected class, such as not hiring women or people of color.
• Retaliation: When an employer retaliates against an employee for making a complaint, that worker can take legal action.

Direct and circumstantial evidence is needed to prove an employer discriminated against a worker. Direct evidence is the best option and includes statements related to taking action against discrimination, while circumstantial evidence is not as sufficient.

What if the Employer Denies the Discrimination?

Unfortunately, employers often deny terminating an employee due to prejudice. Many employers use any excuse for ceasing employment, particularly if their company implements the at-will employment policy.

A person may be able to prove the reason management fired them is just a cover-up for discrimination with the following factors:

• The basis for termination is factually untrue
• The cause isn’t sufficient to have led to the dismissal
• The individual’s protected status is more likely the motivation rather than the stated reason for the termination
• Direct or circumstantial evidence that is powerful enough to prove discrimination

A person must use circumstantial evidence to show that a company policy had a discriminatory effect. The employer would then be required to show that the guideline was a work-related necessity.

Seeking Legal Representation in Denver

If you suspect that your organization is engaging in unfair practices, contact the Davidovich Law Firm. Attorney Nathan Davidovich has over 55 years of experience providing excellent and thorough representation for employees who have been wronged by their employers. He can help you collect evidence and file a claim against your employer to hold them accountable for their actions.

Contact our firm by calling (303) 825-5529 or complete our contact form.