Attorneys will tell you that a successful case is built on a solid understanding of the law and a strong foundation of evidence. Discrimination cases in New York can be difficult to win but you can increase the odds by planning ahead and doing some hard work.
The burden of proof is on you as the person initiating the legal action against your employer. A good place to start is by understanding the scope of your employee rights. For example, you can’t take legal action against your employer for a decision that you didn’t agree with or for an unpleasant event that just happened in the course of everyday work.
You must prove that your harassment or discrimination claim is based on disparate treatment because of your age, origin or sexual orientation. These and the other protected classes establish the basis for successful outcomes in discrimination cases.
If you are in a protected class and working in a hostile environment, you can build your case by:
Doing your homework and understanding your employee rights. Managers think they’re experts in employee rights but often they’re not.
Documenting examples of hostility or inappropriate behavior as they occur. Write things down as soon as possible. You may forget important details when trying to recall events later on.
Saving offensive e-mail and voice messages, notes and other recorded messages.
Noting instances of intimidation or actions by your management. Be specific and include basic facts like where, when, what and who was involved.
Posted in Discrimination | Tagged burden of proof, protected classes, prove discrimination |