The Civil Rights Act of 1964 includes Title VII, a law that prohibits workplace discrimination based on protected characteristics. This includes the hiring process, training, compensation, disciplinary practices, job evaluations, wrongful terminations, and promotions. Even if a company employs workers that identify with a protected characteristic, employees can still be subject to workplace discrimination.
The protected characteristics that relate to Ohio workplace discrimination include, but are not limited to:
- Pregnancy status
- National origin
- Military status or affiliation
- Genetic information (added in the Genetic Information Nondiscrimination Act of 2008)
Employees or job candidates that believe they are being discriminated against in the workplace should consult with a workplace discrimination lawyer in order to learn more about how to prove discrimination in the workplace. It’s important that companies and employers are held accountable for their discriminatory actions, as discrimination can affect more than just the target(s) of discrimination. Discrimination in the workplace can stifle creative ideas, decrease employee loyalty, cause mental and/or emotional unwellness, and even lead to state or federal organizations to open investigations against the company.
But how to prove discrimination in the workplace? It’s not enough for an employee to claim that they are being treated unfairly because they fall under a protected characteristic.
Direct evidence is one way to prove discrimination
For example, if an employer tells an employee that they are being let go, fired, terminated, or demoted because they are nearing maternity leave, retirement or they can’t be available on a religious holiday, then there may be a case for workplace discrimination. These are just examples, however. This route can be more complicated, as most companies and personnel are trained to not openly express biases or prejudices. To learn more about how to prove discrimination in the workplace in Ohio, consult with an workplace discrimination attorney.
Circumstantial evidence can also help provide discrimination
Circumstantial evidence can be gathered using the McDonnell-Douglas Test, named after a Supreme Court Decision. This test is comprised of four questions, which employees or job candidates must answer for the law to presume that an employee was discriminated against. These for questions are:
- Are you a member of a protected class?
- Are you qualified for your position?
- Did your employer take adverse actions against you?
- Were you replaced by a person who is not in your protected class?
Contact an Employment and Labor Law Attorney
Answering these questions is a start in how to prove discrimination in the workplace, but the wage and hour attorneys with Brian G. Miller Co., L.P.A. will be able to further help you build a case against a discriminating employer. It can’t be stated enough how important it is for companies to give employees and job candidates fair and equal treatment in recruiting, hiring, promotions, and more. If you believe you’ve been discriminated against in the workplace contact the legal offices of Brian G. Miller Co., L.P.A to schedule a consultation.