How do you prove gender discrimination?
Gender discrimination encompasses a wide range of actions from hiring and salary biases to sexual harassment. While your employer should have a policy in place covering gender discrimination, it might not feel like enough when you’re facing discriminatory practices every day. It is important for you to have a plan for handling this type of discrimination should you feel that your employer is not going to correct it on its own, particularly if you have never been in this sort of situation before.
Document Everything
Whether or not you are certain that you are being discriminated against, you have a valid concern if you are feeling uncomfortable. Documenting everything that makes you feel confident that you’re taking positive steps towards dealing with discrimination, helps you identify behavioral patterns, and this information is very helpful to a New York gender discrimination lawyer when you feel the need to elevate the issue to court action.
In documenting events, write down every detail and keep copies of all supporting materials, such as correspondence, emails, memos, and performance reviews. Identify the parties present at the time the gender discrimination occurred, write down exactly what was said, and notate the date and time of the event. Do this as soon as possible while the incident remains fresh in your mind. Keeping a small notebook for this purpose is a good choice since it is portable and discreet. Keep your records in a safe place and consider making backups in case of loss or damage.
Talk to Potential Witnesses
If others are experiencing the same problems you are, ask them if they would be willing to document any incidences they’ve been a part of, as well. Some people are hesitant to write down these experiences, but they may be willing to serve as a witness later in your court action if called upon. You yourself can write down any information they provide to you orally, and you can get as much contact information for the witness as possible. Document that you have spoken with the person and that he or she is willing to support you later during the legal process.
Include his or her full name and any other identifying information you can get (address, e-mail, phone number, birth date, etc.). Your attorney can use these details at a later date when proceeding with the formal complaint. In some cases, witnesses may fear recrimination, and your attorney can explain the legal ramifications of their assistance to them, as well as any statutes designed to protect them after they serve as a witness in your court action for gender discrimination.
Contact an Attorney
While you can file a gender discrimination complaint on your own, this is likely not the best course of action for you. A skilled New York gender discrimination lawyer has experience with cases like yours every day. He or she can look at your documentation, talk with your witnesses, and give you detailed advice that relates to your particular case.
He or she may even be able to give you insight as to the strength of the case, whether you have additional options, and what steps need to be taken and in what order. Hiring a skilled attorney ensures that you have someone with you every step of the way as you ready for, and enter into, court.
It is important to remember that proving gender discrimination in court relies on having as much solid evidence of the infraction as possible. It is even better to have witnesses who can back up your statements with their own experiences. Once you have an experienced attorney helping you with the legal aspects, you can start to recover from the emotional impacts of gender discrimination.