Documents to Show Your Attorney: Wrongful Job Termination

If you believe you have been discriminated against or sexually harassed in the workplace, you will likely find it necessary to seek an attorney to represent your interests.

Whether you believe you have been discriminated against for your national origin, sexual orientation, gender, disability, or age, an attorney can help assess your discrimination claim. They can help determine whether you are a member of a protected class. A discrimination lawyer will look at both direct evidence and circumstantial evidence (indirect evidence) to determine whether you suffered disparate treatment. This will help determine if you are entitled to compensation.

Regardless of the underlying act, knowing how to prove discrimination in the workplace is crucial to collecting on a claim. This article discusses the types of evidence you will need to prove workplace discrimination.

Workplace Discrimination Claim Checklist

____Your personnel file. If you claim that you have been harassed or discriminated against at work, your attorney will need to develop an idea of your employment record at the company. For example, they will want to know if you have had a number of disciplinary warnings or if you have received poor performance evaluations. They will also want any incident reports you made to HR about discrimination or harassment (see "employer knowledge" below). This information will be contained in your personnel file. If you do not have a copy of your personnel file, your attorney will be able to obtain it from your employer on your behalf.

____Your employee handbook or company policies. You may be able to provide your attorney with ammunition to fight your claim. A number of employers have employee handbooks that they distribute to their employees. Many times, these handbooks contain an anti-discrimination or anti-harassment policy. Other employers may post anti-discrimination and anti-harassment policies in common areas of the workplace, such as the locker room or lunchroom. If that is the case with your employer, bring a copy of any posted policy to your attorney's office. If your employer has a written policy, it should have been followed. If your employer didn't, your case may be strengthened.

____Diary or journal entries. Many people may find it helpful to keep a written log of any repeated incidents of discrimination or harassment they experience. The diary entry could include information such as the date, time, and location of the discrimination or harassment, in addition to a brief description of the offensive or illegal act and the names of any witnesses present. It is extremely important that you have consistent statements and recollections. Inconsistent statements could really harm or cause you to lose your case.

____Your pay records. If you have experienced lost time from work as a result of harassment or discrimination (whether or not that improper behavior is taking place in your workplace), you should provide your attorney with copies of your pay records. If you are successful in proving your claim, your attorney may be able to recover your lost wages as damages. To prove your loss of income, you will need to show proof of the difference between your earnings before the discrimination or harassment started and your earnings afterward. If you do not have copies of these records, do not panic. Your attorney will be able to obtain them from your employer.

____Physical evidence of the discrimination or harassment. It is absolutely essential that you provide your attorney with any physical evidence you have of the discrimination or harassment. For example, if an inappropriate or vulgar picture was left on your desk at work, keep the picture and provide it to your attorney. No matter how upsetting you may find a piece of evidence of discrimination or harassment, it is important that you keep it. It may be one of the best ways to prove your case.

____Mental health records. If being the victim of discrimination or harassment has caused you to seek mental health treatment or counseling, your attorney will need to know that information. This may also affect your entitlement to a recovery of damages. If you do not have these records, at least provide your attorney with the names, telephone numbers, and addresses of your counselors or doctors.

____Medical records. If being the victim of discrimination or harassment has caused you to develop a medical condition, such as high blood pressure, your attorney will also need to know this information for the same reasons that she needs to know about your mental health condition. Again, as with your mental health records, if you do not have a copy of your medical records, you should at least provide the names and contact information to your attorney.

____Witness information. If there were witnesses to any of the alleged incidences of discrimination or harassment, your attorney will find it beneficial to have a list of their names and contact information, if known. This will save your attorney leg-work in trying to track down witnesses who may support, or disagree with, your allegations.

____Employer knowledge. It is very important that you submit a formal complaint to your employer about the discrimination or harassment before pursuing legal action. Your attorney will find it extremely beneficial to have this documentation. This will help prove that the employer knew or the HR department was aware that you attempted to resolve the issue through a discrimination complaint report. If it is a wage issue based on race, gender/sex, or disability, you may demonstrate through witnesses or employer history that the employer does not show deference to those types of employees. If you are claiming discrimination based on disability, demonstrate the employer was aware that you had the disability and sought reasonable accommodations, and they denied/refused your request. This information will be extremely valuable in proving your case.

Related Resources

• EEOC's Charge Processing Procedures

• What to Expect: An EEOC Cause of Action Chronology

• Filing an EEOC Complaint or Charge

Seek Professional Help With Your Discrimination in the Workplace Claim

Now that you've learned how to prove discrimination in the workplace, you should have a better idea of whether your claim is solid. An employment law attorney will have legal advice to help prove your employment discrimination case. Employment attorneys can help you navigate discrimination laws, which may be complex.

Get started today and find an experienced employment law attorney near you.