What Evidence Do You Need For A Discrimination Case In California?
- Dec 23, 2022
- 3 min read
How An Experienced Employment Discrimination Attorney Handles Cases
Employees cannot be discriminated against based on their protected class (as listed in California employment laws). These protected attributes may include the following:
Your employer cannot make employment decisions based on your protected class. This means you cannot be fired, demoted, receive pay cuts, or experience adverse employment actions based on age, race, gender, etc.
If this happens to you, contact a prescreened California employment discrimination attorney.
How Do You Prove Employment Discrimination In California?
Employers won't openly admit to employment discrimination. After all, they will be made to pay damages should your discrimination case be proven in California. Hence, clients and California employment discrimination attorneys must gather enough evidence to support their claims.
So, what evidence can be used to prove employment discrimination in California? Let's look at a few common examples:
1. Employment Contracts, Pay Slips, Work Documents
These employment documents can help establish a timeline of the case, pay cuts, employment records, etc.
Note that you have the right to request your employee records from your boss. If your employer cannot produce these documents, contact a California employment discrimination attorney ASAP.
2. Communications
Save texts, emails, chat messages, and so on. This could be an excellent way to show discrimination and harassment. Your California employment discrimination attorney can use this evidence to establish your experiences with your employer, supervisors, and coworkers.
3. Witness Statements
Coworkers, supervisors, or any individual who might have witnessed the discriminatory actions and harassment could vouch for your workplace discrimination experiences.
Becoming a witness is a protected activity. Your coworkers can do so without fearing losing their jobs or getting pay cuts. If your employer "punishes" them for becoming a witness, those coworkers can also sue for retaliation at work in California.
How Do I Know I'm Experiencing Employment Discrimination In California?
Be on the lookout for bias-based remarks or behavior. Pay attention to how members of the protected class are handled in contrast to those who are not. Discrimination occurs if decisions affecting your working circumstances are being made against you because you belong to a protected class.
But just because something is unfair doesn't automatically make it discriminatory. The choice must have an impact on your career. For example, employer wage cuts for protected class members would likely be viewed as discrimination. However, isolated incidents and side comments might not be enough to sue.
That said, some forms of discrimination aren't obvious. They can be very subtle but still affect your employment in many ways. Hence, you should hire a California employment discrimination attorney to assess your claims.
What About Job Applicants? Are They Protected From Employment Discrimination, Too?
Yes. Applicants can't be refused a job or harassed at an interview based on their protected class.
That said, it might be easy for employers to make up reasons why you weren't hired. After all, they can always say, "you're not the one they're looking for." So first, consult a California employment discrimination attorney if you have evidence to support your claim.
Hire A Prescreened California Employment Discrimination Attorney ASAP
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