legal
 






 

Question by  ZIelyn (33)

How do you legally prove discrimination?

 
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Answer by  patti (29325)

Before you can file an action and claim discrimination, the EEOC must investigate the matter. If the EEOC determines that you have indeed been discriminated against, you will take that report and secure legal counsel to pursue the matter (if you want to). The attorneys will assemble the information required to make the case.

posted by Anonymous
EEOC will rarely review a case as they are extremely overworked. This group is primarily used to discourage lawsuits by waiting a long time and dismissing with no review.  add a comment
 
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Answer by  JohnnyBee (65)

Either by providing evidence that the perpetrator made a direct statement showing discrimination, or proving that the organization routinely ignores candidates in the protected class of people. For example, if you can prove that women routinely get higher evaluations but lower raises.

 
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Answer by  t123 (520)

There are various forms of discrimination, so it depends on which type. One way you can legally prove discrimination is through print. If, for example, you can provide e-mail where a company representative states some sort of refusal to hire someone because of his race, that would prove discrimination.

 
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Answer by  Hewitt302 (1720)

Any witnesses to the discrimination, make sure to have their account on record. Anything that is recorded, a conversation, video, will not be permissable in court, but a lawyer can use that as leverage for settlement. Show any pay stubs that might be compared to others who have received more. If you've suffered mental ailments, have a doctor's note available.

 
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Answer by  BilWitters (436)

In order to legally prove discrimination, one must prove that they were denied rights/benefits and/or suffered an adverse consequence in the workplace, someone must prove that they were discriminated against due to their age, sex, religion, national origin, handicap or any other constitutionally protected class. One must prove that was sole reason for the adverse action.

 
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Answer by  mammakat (11147)

This is not easy, it is something, like harassment that's bandied around to make money. Look into your State laws, and Federal, read it WELL, and know what you are talking about. Look in your area for lawyers who specialize in this, and document EVERY instance, diligently. Check the ACLU.

 
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Answer by  patti (29325)

The EEOC must review a claim of discrimination and investigate its validity. The EEOC assists the complainant, looks into the charges, and then advises if suit can be filed in the federal court.

 
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Answer by  patti (29325)

You don't; you can claim discrimination, but attorneys will present the case. You must file a complaint with the EEOC, which will investigate. If the findings indicate discrimination, you can file suit. The attorneys will make a case and ultimately the court will decide.

 
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Answer by  Dean (4035)

The EEOC will determine, based on your filing a complaint and subsequent interviews, whether you were discriminated against. You will be advised of the findings and given authorization to proceed with a legal action if you want to. You will hire an attorney who will pursue the matter and present the necessary proof.

 
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Answer by  Mgarcia (752)

Discrimination is the choosing of another protected race/status over another. If you want to legally prove discrimination you will need to show that the employer has a consistent and well followed policy of hiring or promoting one type of person, example being white male, when there are other candidates just as good or better for the position.

 
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Answer by  JeffD (238)

Proving discrimination in a court of law is extremely difficult. First, you have to demonstrate that discrimination due to race, gender, or national origin took place and resulted in financial damages. You may need to produce documents admitting to such discrimination or find witnesses that can attest to this fact.

 
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Answer by  wwgt (7)

well if your a garden variety Eskimo, you probably don't have a case. however, if your a "black" Eskimo, then it's easily worth millions of dollars

 
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