Employment discrimination lawsuits are civil cases, which means you must prove your claims by a preponderance of the evidence—showing that your version of events is more likely than not to have occurred. Meeting your burden of proof is essential to potentially recover financial compensation. If you cannot prove your case, you cannot receive damages. Gathering sufficient evidence can be challenging, which is why hiring an experienced employment attorney early is crucial.
What Is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or job applicant unfairly based on a protected characteristic, such as race or color, sex or gender, age (over 40 under federal law), religion, disability, sexual orientation or gender identity, or national origin. Discrimination can appear in hiring, promotions, pay, job assignments, or termination decisions. Federal and state laws—including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Pennsylvania Human Relations Act (PHRA)—prohibit such discrimination. While legal protections exist, proving discrimination often requires strong evidence.
Direct Evidence Is the Most Effective Proof
Direct evidence of discrimination occurs when an employer’s actions or statements clearly reveal discriminatory intent. Examples include emails, texts, or other written communications showing bias, or testimony from witnesses who observed discriminatory behavior. Direct evidence is relatively rare, but when it exists, it can make your case much stronger.
Why Employment Discrimination Cases Are Difficult
Employers rarely admit to discriminatory actions, often masking their behavior with ostensibly neutral reasons, such as claiming a termination was “for cause.” As a result, most employment discrimination cases rely on circumstantial evidence, which may include patterns of discriminatory treatment against you or similarly situated employees, as well as statistical or historical evidence of biased practices in hiring, promotion, or discipline. Building a strong case often requires careful documentation and analysis of workplace practices.
How to Gather Evidence in an Employment Discrimination Lawsuit
Because you are on the job daily, you are often best positioned to identify and collect evidence. Key steps include:
- Collecting personnel files, performance reviews, and disciplinary records.
- Retaining emails, texts, or other communications that indicate discrimination.
- Identifying potential witnesses who can testify about your experiences or workplace conditions.
- Documenting adverse actions taken after you complained about discrimination.
An employment attorney can help gather additional evidence, such as statistical analyses of workplace trends or identifying similarly situated employees who experienced discrimination.
Contact the Philadelphia Employment Lawyers at The Gold Law Firm P.C.
If you believe you have been the victim of employment discrimination, the Philadelphia employment lawyers at The Gold Law Firm P.C. can help you take legal action. Call us at 215-569-1999 or fill out our online contact form for a free case review. Our offices are located in Philadelphia and Pennsauken, New Jersey, and we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
