My prove workplace discrimination article helps workers protect their basic employee rights! Millions of employees in America and around the world are exposed to various forms of discrimination. Even job seekers are routinely denied the opportunity to work and provide for themselves and their families. Unfortunately, most career seekers and employees are not aware of how to prove workplace discrimination.
This is not surprising because my research shows the overwhelming majority of job applicants and employees know little or nothing about their Basic Employee Rights! Many at best, have made erroneous conclusions of what their rights are based on false assumptions. For example, a lot of career seekers believe an employer cannot fire them for no reason. Well, unless they live in Montana thatâs also a false assumption.
Why? Because of that little 19th century employment model called âAt Willâ. Simply put, "at will" means the employer can fire the employee with or without notice for any reason or no reason. Our employers can also fire us for "good cause, bad cause, or no cause". I personally hate âAt Willâ employment doctrine because there is ample research to show it has and is used as a pretext to discriminate against various cultures, groups and races. There are Thank GOD some exceptions to At Will such asâ¦
Sometimes things happen to employees that are unfair, unjustified, unpleasant or insulting. Nonetheless, this doesnât make it unlawful discrimination. Title VII of the Civil Rights Act of 1964 and the (ADEA) Age Discrimination in Employment Act says discrimination involves:
For job seekers and employees in these âprotected classesâ, workplace discrimination can be hidden or in your face. Disparate treatment means the job applicant or employee is treated differently from other applicants and employees. The U.S. Supreme Court defined âdisparate treatmentâ in the groundbreaking McDonnell Douglas v. Green civil rights case of 1973.
Disparate treatment is people being treated differently with respect to the terms and conditions of their employment because of their race, color, sex, national origin, religion, age and mental or physical disability. Employees or job seekers, who have been denied equal treatment because of prior discriminatory practices or policies, must be given equal opportunities that were in place for other employees or job applicants during the time of discrimination. The Equal Employment Opportunity Commission (EEOC) guidelines for proving discrimination in the workplace are threefold:
The EEOC will make a determination based on the proof we as employees must be prepared to give. There are two methods employees must use to prove workplace discrimination. We will need direct proof and indirect proof.
If the answer is yes to these questions, the EEOC may presume discrimination. However, indirect proof may not be enough.
My fellow employees here is a great tip!
One of the strategies I used to help me in gathering proof of discrimination was sending and responding to emails from my manager that required a response from him. Using email with a required response created a nice paper trail that revealedâ¦
Your company or organization will always have a âjust causeâ explanation for taking adverse action against you with the EEOC. Your next step will be to prove the reason was a âpretextâ or excuse for workplace discrimination.
You will be required to show the reasonâ¦
Unfortunately, discrimination in employment is on the increase. Employees and job seekers, here is my most powerful and important tip! There are 3 things that give us a huge advantage when it's time to prove workplace discrimination
I have proven these strategies in my own employment experience, I KNOW they work when properly applied. Oh and by the way, when it becomes necessary, always seek the advice of a qualified employment law attorney to assist in protecting your rights in the workplace.
My page on proving discrimination provides more great info on the How To in protecting your basic employee rights.
Yancey Thomas Jr. has functioned as a certified and trained mediator in alternative dispute resolution of employment and general civil issues for over 10 years. He is a national panel mediator/neutral through the Cornell University Alliance for Dispute Resolution with emphasis on employment/workplace disputes. As an employee, he has a unique perspective on how to prepare for employment. Yancey's you can learn basic employee rights site offers the job seeker and employee more information on achieving workplace success!