Workplace discrimination in Florida comes in many forms and has a detrimental impact on employees. If you feel you are a victim of workplace discrimination, you must know how to prove your case.
Steps to take if you feel you are a victim of discrimination
Document each incident of discrimination. Write down details, such as the date and time of each incident and exactly what happened.
Report the discrimination to your employer. Your workplace may have a discrimination policy in place.
Filing an EEOC charge
If your employer ignored your complaint or finds that there is no discrimination, you can file a charge of discrimination with the Equal Opportunity Employment Commission (“EEOC”).
The EEOC will receive the complaint and decide if they want to pursue a discrimination case on their own. Do not delay, since Florida law requires you to file a complaint within 300 days from the discriminatory act.
The next step is gathering evidence to prove discrimination. This can be challenging and requires thorough investigation and preparation.
Showing motive
One of the most difficult parts of proving employment discrimination is showing that your employer was motivated by a desire to discriminate against you based on a protected trait, such as race, age or gender.
Sometimes your employer will acknowledge a discriminatory reason for the way they treated you. This is when your detailed documentation can help. If you can provide details about what your employer said and when, your case becomes stronger.
Documentation
You can also gather evidence that your employer treated others one way and you another. Employee handbooks, personnel records, evaluations, internal communications and medical records are helpful evidence that can help prove discrimination.
For example, if discrimination has negatively impacted your mental health and you sought treatment, these records could be valuable. Medical records of your physical health could also be helpful.
Witnesses
Witnesses are another way to prove discrimination. Your co-workers or others might have personally witnessed the discrimination and could testify on your behalf.
Proving discrimination is not easy. Collecting information and evidence you believe will be helpful is often the key to proving your case.