Proving Title VII Discrimination | Mann & Elias

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As today's workplaces have progressed to the point where women and other members of minority groups have been able to achieve great careers, discrimination on the job seems like a distant memory. Unfortunately, it is not. In fact, workplace discrimination is almost as common today as it was perhaps 50 years ago. For those workers who do find themselves victimized by discrimination, the results can be devastating both professionally and personally. If you have been discriminated against on the job, never sit back and do nothing. Instead, contact an experienced Los Angeles workplace lawyer from Mann Elias to discuss these possible civil rights violations.

How to Prove Discrimination at Work


If you are trying to prove discrimination at work and wonder where you should begin, look to Title VII of the Civil Rights Act of 1964. This legislation, which forbids discrimination by employers against employees and job applicants based on such things as race, religion, sex, and other areas, is often the centerpiece of a workplace discrimination lawsuit. Though this legislation is aimed at making sure employers use criteria that are job-related and objective in making decisions on hiring, promotions, and other work-related moves, many employers fail to heed this legislation. Instead, they may develop practices that limit the opportunities of women, African-Americans, or other individuals against whom they may be prejudiced. If you believe your civil rights have been violated on the job or when

applying for a position, speak with a nationality discrimination lawyer Los Angeles residents trust from Mann Elias.

Does Title VII Apply to All Employers?


Though you would think Title VII would apply to all employers, that is not necessarily true. Under current legislation, Title VII only applies to employers who have at least 15 employees. However, do not let this stop you from pursuing a discrimination lawsuit if you work for an employer with less than 15 employees. If you have been discriminated against due to your gender, nationality, or other related factors, schedule a meeting with an ethnicity discrimination lawyer for the workplace at Mann Elias.

The Burden on Both Parties


When you decide to bring a workplace discrimination lawsuit against your employer, it is important to remember that both you and your employer will have a burden of proof when the case goes to trial. For example, once you and your Los Angeles ethnicity discrimination attorney from Mann Elias are able to prove the key elements of your discrimination claim, the burden of proof then shifts to your employer. Once it does, it is up to your employer to justify their actions against you. If this occurs, your attorney will then attempt to prove the employer's reasoning is simply a pretext to cover up their discriminatory practices. Since much back-and-forth will occur in these cases, always have as much evidence as possible to back up your claims of discrimination.

Disparate Treatment


When attempting to prove workplace discrimination, you and your Los Angeles workplace lawyer from Mann Elias will often focus on disparate treatment as the primary form of discrimination. When such allegations are made, you are claiming another employee who is of a different race, gender, national origin, or other protected class is being treated more favorably than you due to these differences. However, unless you are able to prove your employer was aware of your religious beliefs or other factors that are not obvious to everyone, your case can be an uphill battle. Thus, should you have any evidence of your employer making racist comments or discriminatory comments about your religion, always make these available to your attorney as soon as possible.

Acts of Harm


Once you have alleged workplace discrimination has occurred against you on the job, you will also need to show an act of harm that transpired due to the discrimination. This can include such things as being demoted, denied a promotion or pay raise, or being given a poor evaluation on your performance review. Whatever the case may be, this will be a critical element to winning your case and gaining compensation for your damages. Therefore, always put your case in the hands of a nationality discrimination lawyer Los Angeles residents know understands the important elements of these cases, such as attorneys at Mann Elias.

Discriminatory Harassment


Along with disparate treatment, discriminatory harassment is another area where employers regularly violate Title VII of the Civil Rights Act. In these instances, you may be able to prove discrimination occurred against you if you can establish a verifiable pattern of various types of harassment happening on the job. These can include racist comments, sexually-suggestive comments or emails directed at you, or other acts that could be deemed as harassment. Along with proving these acts took place, you will also need to prove these acts resulted in you being unable to perform your job duties due to being under duress. Since proving harassment can sometimes be difficult, rely on a knowledgeable ethnicity discrimination lawyer for the workplace from Mann Elias to handle your case.

Document Everything


Since there will be many complexities that go along with your Title VII discrimination lawsuit, it is critical you document each and every action your employer takes against you that could be construed as being discriminatory. For example, if you are suddenly receiving low scores on your performance evaluations, get copies of prior evaluations showing you received high marks from other supervisors. Also, if you receive emails, text messages, or other communications of a discriminatory nature, keep these and turn them over to your Los Angeles ethnicity discrimination attorney from Mann Elias.

If you are being singled out on your job by an employer who is determined to use discrimination as a tool against you, make it your mission to hold them accountable for their actions. Rather than let your career plans be derailed by an employer who refuses to treat all individuals with the respect they deserve, discuss your situation in more detail by consulting an employment attorney Los Angeles from Mann Elias.

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