Documentation Matters in Discrimination Cases

There are federal and state laws in place that prohibit employers from engaging in discriminatory behavior towards an employee based on their race, religion, sexual orientation, age, disability, or any other protected class. Unfortunately, this type of illegal behavior continues to occur in the workplace on a regular basis. Workplace discrimination can range from making subtle comments about one’s clothing or appearance to refusing to hire or promote an employee based on their gender or sexual orientation. If you have been discriminated against in the workplace, you have the right to file an official complaint against your employer.

In order to have a successful outcome, you will need to provide the documentation necessary to support your claim. An experienced workplace discrimination lawyer will discuss the documents that will be most effective at proving your claim, ensure that your legal rights are protected, and negotiate the best possible settlement outcome.

What Is Employment Discrimination?

According to the Equal Employment Opportunity Commission (EEOC), “employment discrimination” occurs when an employer, supervisor, or co-worker treats you differently, or less favorably, due to your race, color, religion, sex, gender status, sexual orientation, national origin, disability, age, or genetic information. The EEOC protects employees from discrimination that involves the following:

Unfair treatment.
Harassment by your supervisor, manager, or co-worker.
Denial of a reasonable workplace change required for a religious belief or disability.
Inappropriate questions about, or disclosure of your medical or genetic information.
Retaliation for complaining about discriminatory behavior, or assisting with an investigation or lawsuit.

The Pennsylvania Human Relations Act (PHRA) is the main state law that protects employees who have been discriminated against in the workplace. While the EEOC and PHRA both prohibit discrimination in the workplace, the PHRA has a wider scope of protection for Pennsylvania employees. For example, the PHRA includes ancestry, which federal laws do not always cover. In addition, the PHRA applies to employers with four or more employees in Pennsylvania, whereas the EEOC applies to employers with 15 or more employees.

What Are the Different Types of Evidence in a Discrimination Claim?

If you believe that your employer’s behavior toward you was discriminatory in nature, there are three types of evidence that can prove your employer’s intent, including the following:

Circumstantial evidence: This is the most common way that employees prove discrimination. Courts generally use the McDonnell Douglas framework to analyze this type of evidence. The employee has the burden of establishing that they are part of a protected class, that they were qualified for their job, and suffered an adverse employment action. In addition, they must show that they were replaced by an employee who is not a member of a protected class. If the employee is able to prove these elements, the burden of proof falls to the employer, who must prove that they had a legitimate reason for their actions. If the employer is successful at meeting its burden of proof, the employee must provide evidence showing that the employer’s reason for taking adverse employment action was pretextual or combined with a discriminatory motive.
Direct evidence: This type of evidence proves that the employer engaged in discriminatory behavior without having to engage in inference. Examples of direct evidence include emails, oral statements, text messages, or other written documents.
Pattern and practice evidence: This is evidence that demonstrates a pattern of discriminatory behavior against employees who are members of a protected class. For example, if an employer routinely refused to promote female employees to management positions, despite being more qualified than their male co-workers, this can be presented to establish a pattern and practice of discriminatory behavior.

What Do I Need to Prove in Order to Win a Discrimination Claim?

In order to reach a successful outcome in a discrimination complaint, you will need to prove the following elements:

You are a member of a protected class.
You suffered an adverse employment action.
You were treated less favorably than other employees who were not members of the protected class.
You were fully qualified for the position.
If your claim is disparate impact discrimination, you will also need to prove the following:
– Your employer engaged in disparate treatment of the protected group compared to other employees.
– The disparate treatment occurred due to an employment policy or practice.
– The employer’s policy or practice was not justified by a business necessity.
– The employer could have met its needs by taking non-discriminatory actions.
You suffered calculable damages.

What Documentation Do I Need to Support a Discrimination Claim?

If you intend to file an official discrimination complaint against your employer, it is highly recommended that you contact an experienced workplace discrimination lawyer who will protect your legal rights, discuss the nature of the discriminatory behavior, and recommend the best legal course of action. Before meeting with your workplace discrimination lawyer, it is important that you collect the following documents, if possible:

Your personnel file: Your lawyer will need to review your employment record to determine whether there were any disciplinary actions taken against you or if you received a poor performance evaluation. If you are not able to obtain a copy of your personnel file, your lawyer will request a copy from your employer.
Copy of the employee handbook: Oftentimes, employee handbooks contain information about the organization’s anti-discrimination or anti-harassment policies. Courts do not consider employee handbooks to be legal contracts, but they do hold the organization accountable if an employer violates the company’s stated policies. Ultimately, the employee handbook can strengthen your case if your employer has engaged in behavior that violates their own company policies regarding harassment or discrimination.
Written log of your experiences: If you kept detailed records of the dates, times, locations, and nature of the discrimination, this can be very valuable information. While memories about key details can fade with time, and witnesses who saw the discriminatory behavior may leave the company, keeping a detailed journal will help preserve those memories and provide the necessary details.
Pay stubs: If you lost work hours or were denied a promotion due to harassment or discrimination, it is important that you provide copies of your pay records to demonstrate your loss of income. If you are successful in proving your claim, your workplace discrimination lawyer will pursue lost wages as part of your total damages. In order to prove loss of income, you will need to show the difference between your salary before the discrimination and after the discrimination started. Your workplace discrimination lawyer will obtain copies of your pay stubs from your employer.
Physical evidence of harassment or discrimination: If you have any type of physical evidence, it is essential that you provide this information to your lawyer. For example, copies of emails, text messages, voicemails, written notes, and inappropriate or vulgar pictures left on your desk can be extremely effective at proving that your employer engaged in harassing or discriminatory behavior.
Medical records: Oftentimes, the stress of workplace discrimination can cause a range of physical ailments, from headaches and insomnia to high blood pressure and digestive issues. If you were examined by a healthcare professional for health issues related to stress caused by workplace discrimination, copies of your medical records can help support your claim.
Mental health records: Workplace discrimination can also take a serious toll on your mental health. For example, discrimination and harassment can cause anxiety, depression, and Post-Traumatic Stress Disorder (PTSD), particularly if the behavior is ongoing. If you were treated by a counselor or therapist for a mental health condition related to workplace discrimination, obtain copies of your records from your doctor. If your workplace discrimination lawyer is able to establish a link between your mental health issues and the discriminatory behavior you were subjected to, you may be entitled to damages for pain and suffering.
Performance reviews: Most employers conduct annual performance reviews where they discuss the employee’s work, their accomplishments, and areas where they can improve. If the employee has a pattern of positive performance reviews, but their employer denied a promotion or terminated their employment, claiming performance issues, copies of recent performance reviews can help discredit the employer’s explanation and help support a discrimination claim.
Witness statements: If there were co-workers, supervisors, or other witnesses who observed the discrimination firsthand, ask if they would be willing to provide a statement. Prepare a witness list for your lawyer so that they do not have to spend the time tracking down witnesses.

Our Philadelphia Workplace Discrimination Lawyers at The Gold Law Firm P.C. Will Fight for Your Workplace Rights

If you or someone you know has been discriminated against in the workplace, do not hesitate to contact our Philadelphia workplace discrimination lawyers at The Gold Law Firm P.C. We will work closely with you to ensure that your legal rights are protected and that you have the documentation necessary to reach a successful outcome in your complaint. Our highly skilled legal team will work tirelessly to negotiate a fair settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in both states.