Frequently Asked Questions

What is the legal definition of discrimination?

What needs to be proven in a case of discrimination?

What kinds of facts would help my case?

What kinds of evidence would help my case?

How long can I wait to take legal action after an incident of discrimination?

What is the legal definition of discrimination?

Discrimination is the unequal treatment of parties who are similarly situated. Discrimination occurs in the employment context when an employer treats one or more employees less favorably than others because of their race, color, religion, national origin, sex, actual or perceived sexual orientation, age, disability, or in retaliation for a complaint made against the employer (“whistleblower”).

Note that acts of sexual harassment may also constitute sex discrimination. These include unwanted physical touching, lewd comments, dirty jokes, pornographic pictures, etc. Please click on to our special section entitled “Sexual Harassment.”

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What needs to be proven in a case of discrimination?

In order to prove that you have been discriminated against, you will need evidence that

1. you belong to a protected class,
2. you were treated unfavorably as a result of your membership in that class, and
3. you incurred damage, injury or loss as a result of the disparate treatment.
   

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What kinds of facts would help my case?

• Derogatory statements made by supervisory personnel, or made by co-workers and overheard by, or reported to, supervisory personnel;
  
  
• The employer’s past conduct in similar situations with regard to other employees;
  
  
• Statistics about the kinds of people which comprise your work environment;
  
  
• Your good work history, showing that unfavorable treatment, which a supervisor may claim is warranted because of your misconduct, is not truly because of any misconduct on your part;
  
  
• The existence of signs, photographs, or other items in the workplace which portray members of your protected class in a negative light.
  

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What kinds of evidence would help my case?

• Eyewitness testimony of other employees, customers, clients and other people at the workplace who heard comments or witnessed discriminatory events;
  
  
• Documentation (notes, e-mails, correspondence, personnel records, company policies and procedure manuals, etc.);
  
  
• Physical evidence (photographs, dolls, signs and other items which appeared in the work place and which portray members of your protected class in a negative light).
  

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How long can I wait to take legal action after an incident of discrimination?

Legal action should be taken as soon as possible, as there are specific statutes of limitations that could bar you from pursuing your case forever.

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