Proving Discrimination in the Workplace

Answer:

Recently, we had a potential client call our office and ask what they needed to prove to be successful in a discrimination case. Generally, there are certain elements that are required in a discrimination case. One, you have to be an employee. Two, the employer has to have at least five or more employees. Three, you have to be subjected to what the law calls an adverse employment action or something bad must have happened to you. Four, a substantial motivating reason for the adverse action has to be your race or your gender, your religion, your color, your sexual preference, any of the protected characteristics, and this is often the most difficult to prove.