Business & Work

To prove that you suffered discrimination in the workplace, you must show that:

• You are a member of a protected class,
• You were qualified for the job you applied for and were ready to start working, or if you were already working at a job, you were meeting your employer's reasonable expectations for the job,
• Your employer made an unfair, material change to conditions of your employment, and
• Your employer treated someone outside your protected class better than you.

You will need to show evidence Anything used to show that something is true of all four requirements to prove that you experienced workplace discrimination. For example, if you believe you were treated unfairly because of your race, you should be able to show that employees of a different race were treated more favorably under similar circumstances. Similar circumstances usually means you had the same or a similar job, followed the same workplace rules, and had the same supervisor or decision-maker. There are two types of evidence:

• Direct evidence: This could be a statement by your supervisor that she doesn’t like people of your race.
• Indirect evidence: This could be a statement by your supervisor that suggests she doesn't like people of your race, without specifically saying that.

How do I know if I was discriminated against?

Keep an eye out for discriminatory comments or actions. Pay attention to how people in the protected class are treated differently from people outside of it. If you think decisions that affect your working conditions are being made against you because you are in a protected class, that's discrimination.

However, just because something is unfair doesn't mean it's discrimination. The decision has to be something that affects your job. So, if your supervisor gives out candy to employees and gives you less because of your membership in a class, that would probably not be enough to win a case. Decisions to pay employees less because they are in a protected class would be more likely to be considered discrimination. For example, if everyone who is male gets paid more, and women in the same position are paid less without any explanation, this may constitute workplace discrimination on the basis of gender.

When does workplace discrimination show up in job applications?

Employers can be liable for discrimination in job applications. All employers with one or more employees may not ask you about your criminal history on a job application. However, once they decide you are qualified and invite you for an interview, they can ask you about your criminal history. If there is no interview, they can ask you about your criminal history after giving you a conditional offer of employment.

Also, an employer cannot ask questions about: 

• Race,
• Color,
• Sex,
• Sexual orientation,
• Gender identity/expression,
• National origin,
• Ethnic origin,
• Age, or
• Religion.

If these questions appear on a written employment application, they must be listed as optional.  Learn more about what a potential employer can ask.

Are there particular rules about sexual harassment?

Sexual harassment is a form of sex discrimination. Some laws have a separate category for sexual harassment. It is different from other categories because it does not depend on comparisons with others. It is illegal to harass a person because of their sex, so the law addresses it separately from workplace discrimination. Learn about sexual harassment and discrimination.  

What is retaliation?

Retaliation Punishing a person for doing something that is legally protected is when an employer discriminates against an employee because they engaged in a protected activity. Protected activities include: 

• Filing or being a witness A person who answers questions in court under oath in a discrimination charge or investigation,
• Complaining about discrimination or harassment,
• Refusing to follow orders that would result in discrimination, and
• Resisting sexual advances or intervening to protect others.

 Common retaliation methods include: 

• Firing,
• Demotion,
• Denying benefits,
• Denying promotions, and
• Intimidation To place a person in fear of harm without the display of a weapon or actual physical attack (includes stalking; threats). or threats. 

What will the employer do if I bring a claim of discrimination against them?

The employer has to explain why they made the decision they did. They must prove that they had a legal, nondiscriminatory business reason for their decision. 

For example, they may say that you were not qualified to do the job, or that you were showing up late consistently. 

What happens after the employer gives their reason for the decision?

You must be able to prove that the reason the employer gave is not the actual or real reason. You have to prove that it was presented as a lie or cover-up for the real reason: that you are a member of your protected class. You can prove this through direct or indirect evidence, as explained above.