Orange County Employment Lawyer

Proving Discrimination

If you have been discriminated against while applying for jobs or at work, you will naturally want to see justice done. Discrimination is hurtful, damaging and illegal. Unfortunately, it can also be very difficult to prove. If you are considering a discrimination lawsuit but are not sure what you will need to prove your case, this article can help.

In California, intentional and unintentional discrimination are both illegal. Unintentional discrimination is a company practice or hiring requirement that affects one group more than others, even if that is not the intended effect. For example, requiring applicants to complete a standardized test may be illegal if it can be demonstrated that the test is generally more difficult for one group than for others. (Tests may be written in a way that is more accessible to some groups than others.)

A company can defend itself against charges of unintentional discrimination by demonstrating that the practice or requirement is actually necessary. For more information on that defense, see our article on Bona Fide Occupational Qualifications.

In order to win a discrimination case, you need to demonstrate that the company in question is using a policy that unfairly affects one group, and that this policy is unnecessary. If you have experienced intentional discrimination, it is a huge help if you have some kind of documentation – a recording or a memo that uses discriminatory language or makes the employer’s prejudice clear. Unfortunately, without some kind of documentation, it is difficult to prove intentional discrimination and thus difficult to win a discrimination lawsuit.

If you need an experienced Orange County employment lawyer to help you build a case against job discrimination, contact Perry Smith at (888) 356-2529.