When an employee is a victim of workplace discrimination, having evidence and documentation to back up a claim is important.
Past Job Performance Evaluations
Many employees are subject to annual job performance reviews where their workplace contributions are evaluated. These yearly appraisals can prove very valuable in a workplace discrimination case if an employer sites poor performance as a reason for an adverse employment action when an employee has consistently received highs praise year over year. Employees can obtain copies of recent, positive job performance evaluations, awards, or other accolades to strengthen a discrimination case.
Electronic Communications
Emails, text messages, and inter office communications such as slack can be very revealing in an employment discrimination case. If an employee believes they were passed over for promotion or lost their job due to discrimination, electronic communications can fill in the blanks. It may be that an employee recently garnered praise for a project via email right before being dismissed under the guise of poor performance. Electronic communications may also reveal derogatory remarks that reveal a discriminatory mindset leading up to an adverse employment action. An experienced employment law attorney can assist victims of workplace discrimination uncover electronic communications that may be vital to their discrimination case.
Past Discrimination Lawsuits
Evidence of an employer’s past intentional or unintentional discrimination may be relevant in a discrimination case. Has the employer been subject to other discrimination claims in the past? Were the same decision makers involved? If an employer has recently been the subject of a discrimination lawsuit alleging a similar complaint, the court may take it into consideration.
Lack of Diversity at Company
Are different races, sexes and other protected classes represented at various levels in the company? If a company lacks diversity in senior management, it may point to promotion discrimination. If a company has little diversity across the board, it may point to hiring discrimination. Employment discrimination on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), arrest or conviction is prohibited by law.
Contact an Experienced Employment Discrimination Lawyer
It is important for victims of workplace discrimination to work with an experienced employment law attorney to build a strong case. Many documents that may be used as potential evidence in a discrimination claim are readily available to the employee upon request. Other documents and information can be obtained through the process of discovery as part of a discrimination lawsuit. If you have been discriminated against in your workplace – harassed, retaliated against or terminated – contact the Law Offices of Alan C. Olson & Associates for immediate assistance today.
