Learn How To Find Evidence To Prove Discrimination In California
As with most complaints, discrimination claims in California need to have evidence. This protects people from fabricated claims that might potentially ruin lives. That said, what types of proof do you need to prove discrimination?
1. Find All Direct Evidence Of Discrimination
Based on the type of supporting evidence in the case, proving workplace discrimination can be difficult.
If you have written witness testimonies, emails, text messages, or other forms of documentation to back up your claim of discrimination, this is where you should start.
Direct evidence makes it much easier to prove discrimination, although it is not always available.
That said, whatever you have on you that directly proves discrimination should be preserved. You can also contact a prescreened California Employment Attorney to help you process the evidence and collect more when needed.
2. Gather Circumstantial Evidence
Sometimes, people aren't so upfront about discrimination. They won't say offensive things to your face, but they might do some covert but adverse employment action.
That said, circumstantial evidence can be hard to prove. However, you might want to start asking yourself a few questions:
Has your employer taken any disciplinary action against you?
Are you a protected class member (i.e., your age, race, religion, sexual orientation, or other characteristics)?
Was the disciplinary action prompted by discriminatory intent?
If you aren't sure if it is indeed discriminatory, then is there circumstantial evidence that might prove that? (i.e., possible motive and timing)
You can take various things to help establish a solid case against your employer when there is only circumstantial evidence.
The first step is to keep track of the date, time, names, and other pertinent information whenever discriminatory behavior occurs. These elements are critical for demonstrating that you have a claim. In addition, they may lead to the ability to collect direct evidence later on when your claim is investigated.
3. Contact A Prescreened Los Angeles Employment Lawyer
The next step is to meet with a California Wrongful Termination Lawyer to discuss your issues, receive answers to your questions, and get legal guidance.
While consulting with an attorney is beneficial, you cannot bring a lawsuit against the employer until you have filed a discrimination claim with the Equal Employment Opportunity Commission (EEOC).
4. Bring The Claim To The Right Agencies
The EEOC will investigate the charges after receiving your complaint, which might take up to a year or longer. Following its inquiry, the EEOC will decide on the claim, along with specified actions.
If the EEOC finds evidence of discrimination, they may try to settle the complaint through mediation or bring a lawsuit against the employer.
Otherwise, if the EEOC cannot prove discrimination, your claim will be dismissed. A letter will be sent to you, allowing you to pursue the matter in civil court with the help of an Employment Lawyer in Los Angeles or your local area.
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