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Workplace discrimination based on a person’s protected class is illegal. If you file a complaint for unfair discrimination at work, the government investigates your claim. They gather evidence from numerous resources during their investigation. However, you can improve your chances of winning your case by working with your attorney to provide all evidence you have gathered about workplace discrimination.
Our Rhode Island employment law attorney discusses how to prove unfair discrimination at work in this blog.
Federal and State Anti-Discrimination Laws Protect Employees in the Workplace
Several state and federal anti-discrimination laws prohibit employers from discriminating against employees based on a protected class. The Civil Rights Act of 1964 protects employees from discrimination based on sex, race, national origin, religion, color, age (over 40 years), pregnancy, and disability.
Rhode Island’s anti-discrimination laws also protect employees from discrimination for gender identity, ancestral origin, and sexual orientation. Employers are prohibited from discriminating against an employee because they are married to someone of a protected class.
Discrimination may occur at any point in the employee-employer relationship. You could face discrimination during the application and hiring process. Discrimination may also be related to training, compensation, promotions, lay-offs, employee classification, or termination of employment.
Evidence Used to Prove Unfair Discrimination at Work in Rhode Island
Workers can file complaints with the Equal Employment Opportunity Commission (EEOC) or the Rhode Island Commission for Human Rights. The deadline to file discrimination claims can be very short. The EEOC requires complaints to be filed within 180 days.
Evidence that may be used to prove unfair discrimination in the workplace includes:
Your Initial Statement to the Government Agency
When you file a discrimination complaint with the EEOC or Rhode Island, you include information about the discrimination. That information and any statements you make during interviews could be used in your case as part of your testimony.
Documents Obtained From Your Employers
The government agency will request your employment records. Employment records include applications, performance reviews, employment agreements, reprimands, and compensation history. Your records should also include copies of complaints you filed with Human Resources reporting the discrimination. Your employer should also provide a copy of an employee handbook and work policies if they exist.
Evidence You Have in Your Possession
Keep copies of everything related to the discrimination or harassment. The documents may become evidence in your case. Examples include emails, memos, notes, text messages, and other forms of written communication.
Preserve voice mails and messages that demonstrate discrimination. Also, keep copies of all employment records. An employer could try to change their records to conceal the discrimination.
Write Down All Details of the Discrimination
Record all instances of discrimination at work. Include the dates and names of all people involved in the incident. Write a summary of what happened. Do not use your work computer to keep this log. Use a notebook or keep the records on your personal device.
Create a Witness List
Provide your attorney with a list of all witnesses to the discrimination. The list should also include all individuals involved in incidents of discrimination.
It can be beneficial to contact an employment law attorney immediately. An employment lawyer can advise you of your rights, help prepare your statement for the complaint, and work to obtain compensation for damages caused by discrimination at work.
Schedule a Free Consultation With Our Rhode Island Employment Law Attorneys
It can be intimidating to report discrimination in the workplace. If you are the victim of unfair discrimination at work, our legal team provides guidance and support as we walk you through every step in the legal process of holding an employer responsible for unfair discrimination. Call Herman Law Group to schedule a free consultation with a Rhode Island employment law attorney.