In an employment discrimination case, evidence is key. To prove that discrimination occurred, you need to provide convincing evidence. But what types of evidence are admissible in court? There are common types of evidence that will be considered in an employment discrimination case.
If you have evidence that can clearly provide a direct link to the discrimination, you have what is known as direct evidence. For example, if an employer tells an employee that they are being fired because of their race, that would be direct evidence of discrimination. Direct evidence is often difficult to come by, but it can be very powerful in court.
Indirect evidence is classified as circumstantial evidence. One example is if a company always hires men for a certain position, and a woman with more qualifications is passed over for the job, that could be circumstantial evidence of discrimination. Circumstantial evidence can be just as powerful as direct evidence in court.
Patterns of discrimination can count as statistical evidence in a discrimination case.For instance if a company has a policy of promoting men over women, and the statistics show that women are consistently passed over for promotions, that could be statistical evidence of discrimination. Statistical evidence can be powerful, but it needs to be analyzed carefully to ensure that it is relevant and reliable.
Testimonial evidence is evidence that comes from witnesses. In an employment discrimination case, witnesses can include current and former employees, supervisors, and even customers or clients. While testimonial evidence is strong, it can be affected by bias so it is not always reliable, as an employment discrimination lawyer like one from Disparti Law Group can tell you.
Documentary evidence is evidence that comes from documents, such as emails, memos, or performance evaluations. This type of evidence can be especially convincing, such as in cases where it can contradict another account.
Comparative evidence involves comparing the treatment of the employee to other employees who are part of different groups, such as different racial or gender identities. For example, if a company terminates an employee who is African American for a minor infraction, but other employees who are not African American have committed the same infraction and were not terminated, that could be comparative evidence of discrimination.
Expert evidence involves the testimony of experts who have specialized knowledge or training in a particular area. For example, an expert on workplace culture could testify about whether a particular action or policy is discriminatory. This type of testimony is effective and valuable, but it can be difficult and costly.
Choosing specific and persuasive evidence in a discrimination can highly influence what kind of outcome you obtain. While direct evidence is the most powerful, it can be difficult to come by. Circumstantial evidence, statistical evidence, testimonial evidence, documentary evidence, comparative evidence, and expert evidence can all be used to support your case. It’s important to work with an experienced attorney who can help you gather the right evidence and present it effectively in court.