For most people, the word “discrimination” elicits images of the Jim Crow-era South and mid-century misogyny. Unfortunately, the reality is discrimination in the workplace is not nearly as distant a memory as we believe. As much as employers may claim that discrimination is a thing of the past, the statistics say otherwise. According to a study conducted from 2011 to 2013, Black people reported 60 percent more discrimination at work than white people, and women experienced discrimination 53 percent more often than men. If you are one of the undeserving employees who has experienced this type of mistreatment, it makes sense to pursue damages resulting from a hostile work environment. However, proving you were the victim of workplace discrimination without a shadow of a doubt requires more than your good word.
Records of Workplace Discrimination
The obvious first step to litigating against an employer for workplace discrimination is to establish the discrimination took place. Your attorney will be able to outline the documents required to accomplish this task in court. However, it’s a good idea to have the following items at your disposal.
- A copy of your workplace’s anti-discrimination or anti-harassment policy
- Dated journal entries that describe the harassment or discrimination at work
- Witness accounts of the harassment or witness contact information
- Physical evidence of the harassing or discriminating acts (such as photos or screenshots of messages or emails)
Records of Employee Damages
Just about everyone agrees that discrimination in the workplace is unconscionable. But, how do you set a price on someone’s comfort, opportunities, or health? The easiest way to ask for damages is to make a list of all the money lost in relation to the discriminatory behavior. Documentation may include:
- Pay records that indicate periods of lost wages due to workplace discrimination
- Mental health records that depict a need for psychological care as a result of the harassment or bills for this care
- Physical medical records or bills for care received because of the discriminatory actions
Records of Character
Although we’d like to assume the previously listed documentation should be more than enough, sometimes that little extra push is what you need to convince the court that you deserve recompense. Usually, this means your attorney will try to emphasize your “goodness” by requesting your personnel file. This file – kept by your employer’s human resources department – will outline your annual review scores, manager comments about your performance, and any commendations or awards you may have received while employed at your company. Attaining a copy of your personnel file will also help your attorney prepare for potential jabs at your character or work performance from the defense. Overall, though, a positive work history will set you up as an honest, empathetic plaintiff.
For most people, the word “discrimination” elicits images of the Jim Crow-era South and mid-century misogyny. Unfortunately, the reality is discrimination in the workplace is not nearly as distant a memory as we believe. As much as employers may claim that discrimination is a thing of the past, the statistics say otherwise. According to a study conducted from 2011 to 2013, Black people reported 60 percent more discrimination at work than white people, and women experienced discrimination 53 percent more often than men. If you are one of the undeserving employees who has experienced this type of mistreatment, it makes sense to pursue damages resulting from a hostile work environment. However, proving you were the victim of workplace discrimination without a shadow of a doubt requires more than your good word.
Records of Workplace Discrimination
The obvious first step to litigating against an employer for workplace discrimination is to establish the discrimination took place. Your attorney will be able to outline the documents required to accomplish this task in court. However, it’s a good idea to have the following items at your disposal.
- A copy of your workplace’s anti-discrimination or anti-harassment policy
- Dated journal entries that describe the harassment or discrimination at work
- Witness accounts of the harassment or witness contact information
- Physical evidence of the harassing or discriminating acts (such as photos or screenshots of messages or emails)
Records of Employee Damages
Just about everyone agrees that discrimination in the workplace is unconscionable. But, how do you set a price on someone’s comfort, opportunities, or health? The easiest way to ask for damages is to make a list of all the money lost in relation to the discriminatory behavior. Documentation may include:
- Pay records that indicate periods of lost wages due to workplace discrimination
- Mental health records that depict a need for psychological care as a result of the harassment or bills for this care
- Physical medical records or bills for care received because of the discriminatory actions
Records of Character
Although we’d like to assume the previously listed documentation should be more than enough, sometimes that little extra push is what you need to convince the court that you deserve recompense. Usually, this means your attorney will try to emphasize your “goodness” by requesting your personnel file. This file – kept by your employer’s human resources department – will outline your annual review scores, manager comments about your performance, and any commendations or awards you may have received while employed at your company. Attaining a copy of your personnel file will also help your attorney prepare for potential jabs at your character or work performance from the defense. Overall, though, a positive work history will set you up as an honest, empathetic plaintiff.
Let Our Team Defend You from Workplace Discrimination
Regardless of gender, sexual orientation, race, religion, or nationality, everyone deserves to feel safe in their workplace. It’s the employer’s job to ensure the environment is welcoming to all. But, when employers fail, victimized employees need a team they can rely upon for legal support to right these wrongs. The Racial & Economic Justice attorneys of McCune Wright Arevalo, LLP, can help you seek justice. With more than $1 billion recovered, we can fight any sized company for their employees’ right to a safe workplace.
If you believe you’re the victim of workplace discrimination, contact us today or call (909) 345-8110 to schedule your free consultation.