Florida Injury and Employment Attorneys

How to Prove Discrimination in the Workplace

February 2, 2016

If you feel that you have been discriminated against at work, contact your work discrimination attorney for a consultation immediately. Discrimination in the workplace is against the law; however, you may feel it would be difficult to prove that you have been discriminated against. You may not be sure if you even have a case. This is why you should schedule a consultation with your work discrimination attorney. They will be able to help you make that determination. The following information from your work discrimination attorney discusses how to prove that you were discriminated against in your workplace. After reviewing the information, if you find that you have further questions then contact your Tampa work discrimination attorney for a free consultation.

Protection from Discrimination in the Workplace

The federal government and State of Florida have designated certain groups of individuals to be a protected class of persons that are covered by federal and state anti-discrimination laws. In other words, not everyone is protected by these laws, only those who fall under the protected class category. Your work discrimination attorney can help you to determine if you fall under the protected class of persons under the federal anti-discrimination laws.

Proof of Discrimination

Having proof that you are being discriminated against in your workplace will only help to strengthen your case. There are two types of evidence that can help you prove the discrimination: direct evidence and circumstantial evidence. The following will go over both types and what they consist of.

Direct Evidence: Direct evidence is the strongest type of evidence that you can have. Having direct evidence of discrimination taking place can include statements from your supervisor or manager that are a direct adverse action towards your protected status. An example of a protected class is an individual over the age of 40.  If the employee is told that he/she is being let go because he/she is getting older and the company would like to go with a younger person for  the position, then that would be direct evidence that the employee was discriminated against because of his/her age. The direct evidence can come in the form of a letter, email, note, memo, or even as a verbal statement, but the discriminatory admission by the employer generally has to be closely tied to the decision to terminate the employee.

Circumstantial Evidence: Even though direct evidence is the strongest evidence you could have in your discrimination case, it is usually unlikely that you will be able to obtain it. Many employers and supervisors are aware of the implications of expressing their discriminatory motives. Often times, an employee who is facing discrimination will have to rely on circumstantial evidence to prove their case. In order for you to know whether you could prove your case via circumstantial evidence, you will need to have all of your workplace circumstances evaluated by a work discrimination attorney.  Some questions that your work discrimination attorney are likely to ask are:

  • Are you a member of a protected class under federal and/or state law?
  • Were you qualified for the position you held with your employer?
  • Were you terminated and replaced by someone outside of your protected class?
  • Did your employer take an adverse action against you? For example, were you terminated, demoted, passed over for a promotion that you were qualified for?
  • Have you been treated differently than your co-workers who are not in a protected class?
  • Does your employer have a past that supports the claim that they are biased towards certain people in a protected class?
  • Do those in positions above you make disparaging comments towards you or other members of your protect class?
  • Have others who are in your protected class complained about how they are treated at work?
  • Does your employer show favoritism to those not in your protected class?

Denials By Your Employer

If your discrimination case goes to court, your employer will have a chance to explain its reasons for taking an adverse employment action against you. In nearly all cases, your former employer will not admit to discriminatory reasons, but instead offer another non-discriminatory reason for their actions. An employer can easily offer up any legitimate explanation for your termination, even if it’s not true. However, your evidence will have to be strong enough to support your claims of discrimination. Your Tampa work discrimination attorneys will discuss the following:

  • Whether there are inconsistencies in the reason(s) provided by your employer for taking the adverse employment action against you;
  • Whether the reasons provided by your employer is incoherent or improbable;
  • Whether there is sufficient evidence to show that your protected status was the true motivation behind the employer’s decision to take the adverse employment action.

In short, if you can prove that the employer’s stated reason is a mere cover-up for discrimination, that will only help your case.

Schedule a Consultation with Our Tampa Work Discrimination Attorney

To have your case properly handled, you need a skilled professional on your side. Contact your Tampa work discrimination attorney from Florin Gray Bouzas Owens, LLC at (727) 254-5255 to help you with your discrimination case today. We have the work discrimination attorney who will help you fight for your rights in your discrimination case. Call today!

 

 

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