(10/9) In California, employers cannot fire their employees unjustly. Although they have the power to terminate the appointment of any employee who fails to meet the requirements of the company, there are limitations to doing such. These limitations are embedded in employment discrimination prohibitions. An employer cannot hire, fire, promote, or pay an employee who belongs to the protected class in society unjustly and prejudicially. The protected classes include race, age, religion, sex, national origin, disability, and so on. Any case of discrimination in the workplace that is not reported may not succeed. So, victims of employment discrimination are expected to make it known to the right sector that they are being discriminated against by their employees for them to get justice. How do you prove employment discrimination in court? This can be via
circumstantial evidence, direct evidence, and pattern or practice. Below is detailed information about these effective ways.
Direct Evidence
Direct evidence is the opposite of circumstantial evidence. This evidence does not use presumptions or inferences to prove discrimination cases. It is mainly written facts that can be physically or virtually tendered. Direct evidence includes documents, statements, or emails. Direct evidence can be difficult to get sometimes when it comes to employment discrimination because hardly any employer will document a statement or send an email about firing employees based on their protected classes. So, you should consult your employment discrimination lawyer in California if you lack statements or documents that can directly prove your case in court. There may be a need to strategize properly on how to tender circumstantial evidence.
Circumstantial Evidence
An effective strategy to prove employment discrimination is through circumstantial evidence. This type of evidence uses inference to demonstrate viability. It is different from direct evidence that proves fact directly. As an employee who suffers employment discrimination, you can use circumstantial evidence as an effective legal tool to prove your case. Circumstantial evidence can be analyzed in employment discrimination cases through the use of the McDonnell Douglas framework. This framework helps when there is no direct evidence of discrimination.
The first important step the employee will take is to present facts about belonging to a specific protected class, holding positions they are qualified for, being unjustly treated, and being prejudicially replaced with someone from another protected class. After providing evidence that proves all these, it is now the turn of the employers to offer their evidence as well to show that the employees have been treated based on legitimate reasons. In a situation where the employers are legitimately right based on the reasons they have tendered, the employees will have to prove again that the reasons provided by the employers are mere pretexts for discrimination or contain discriminatory motives.
Pattern or Practice
The last strategy on our list is the adoption of a pattern or practice method. This involves proving that the employer systematically engages in employment discrimination. This way may be via policies and procedures that affect the interest of the protected class. For you to win as an employee, you need to prove that the employer’s behavior is embedded in routine practices or forms a pattern of actions.
