An employee can rarely prove an employment discrimination claim through what we lawyers call “direct evidence.” A supervisor will rarely call an employee by a racial or sexual epithet. An employer will rarely say that you’re not getting the promotion because you’re a woman, because you’re black or because you’re too old.
Usually, employees prove discrimination claims through circumstantial evidence. “I deserved this promotion, but the guy or the white person got it, and that person was less qualified than me!” the successful employment discrimination plaintiff will exclaim.
But you have to be able to back your exclamation up, preferably with several examples of how employees within your protected category (sex, race, age, etc.) received unfavorable treatment from your employer as compared with other employees not within the protected category.
Document Disparate Treatment
So, document each instance when you see disparate treatment occurring—when the employer gives a plum assignment to a man rather than a similarly situated woman when the employer promotes a white person rather than a similarly situated person of color. Such documentation will help you present circumstantial evidence to prove employment discrimination, should you ever need to do so.
Should you need assistance in an employment discrimination claim, you should contact an experienced employee rights attorney such as Benjamin T. King. Attorney King has been ranked among the top 5% of lawyers in New England representing employees in employment discrimination claims, continuously since 2014.
Call Douglas, Leonard & Garvey, P.C. at (603) 288-1403 or fill out our online contact form.