What can you do to build your workplace discrimination case?

 Posted on May 02, 2023 in Employment Law

Do you feel like you've been treated unfairly in your workplace because of being in a protected class of people, such as those with a disability, those over a certain age, or those of a racial, religious, or ethnic group? If so, then you might be chomping at the bit to get back at your employer, especially if you suffered from a negative employment action that was taken against you, such as demotion or termination.

While you might think that holding your employer accountable will be easy, it can be more challenging than you realize. This is because your employer is going to do everything it can to deflect allegations of wrongdoing. Therefore, it will provide what appears to be legitimate justifications for its actions against you, which may include poor work performance or excessive tardiness or absences.

So how do you go about proving your workplace discrimination case?

If you suspect that you've been discriminated against in the workplace, then you need to be diligent in gathering the evidence that you need to support legal action against your employer. Here are some ways that you can go about doing that:

• Take notes: Sometimes discrimination builds over time, and it may be hard to see it at the moment. But if you can take noes shortly after problematic interactions, then you can better document a pattern of behavior that's discriminatory in nature.

Additionally, taking notes allows you to more accurately and fully recall the details of key events that may help you establish that you've been discriminated against.

• Talk to your coworkers: If you've been discriminated against, then there's a good chance that you're not the only one. By talking to your coworkers, you may find that your employer's discriminatory behavior is more widespread, which can help further your claim against your employer.
• Retain communications: If you've had written interactions with your supervisor or your employer that you believe show discriminatory intent, then you need to make sure that you retain those communications so that you can use them as evidence later on.
• Assess your work performance: As we mentioned above, your employer is going to try to show that you were negatively acted against because of your performance issues. Therefore, you'll want to be honest about your work history and any weaknesses that your employer might try to exploit if you bring a claim against them.
• Track your losses: If you're going to pursue a claim against your employer, then you're also going to have to show how your employer's actions have harmed you. To do so, you'll want to track any lost income. You might also want to record how the discrimination has made you feel, as it oftentimes results in embarrassment, anxiety, and depression.

You'll also want to make sure that you understand the law and how it might apply to your circumstances. Although this might be difficult to do if you're unfamiliar with the legal arena, you might be able to find help from a skilled employment law professional.

Are you ready to hold your employer accountable?

If you're ready to take legal action to protect your interests, then now is the time to think about building your workplace discrimination case.