When employees are mistreated and suspicious, they may want to sue due to discrimination. To win, the plaintiff bears the burden of proving that he or she was a member of a protected class, that the employer’s action was serious and discriminatory, and that there was no legitimate, nondiscriminatory explanation for the employer’s behavior. Here are the four guidelines to help you determine if he has a viable claim.

1. Have you suffered a serious adverse employment action?

Being fired, not hired, demoted, ignored, assigned to bad tasks, not assigned to good tasks, paid less for the same work, all of these things happen in the workplace. To be the basis of a discrimination claim, the employer’s actions must be related to the employee’s status in a protected class (race or gender, for example), the adverse treatment must be substantial and prejudicial, and “reasonably likely to prejudice the job performance or prospects of an employee”. for advancement.” This means that minor things, while unfair, are generally not enough for a lawsuit. If your boss criticizes your work, plays favorites, or makes unreasonable demands, these factors generally will not support a discrimination claim.

2. Are you a member of a protected class?

Both federal and state laws prohibit an employer from discriminating against people based on race, religion, color, national origin, disability, marital status, gender, sexual orientation, age, and pregnancy. Title VII of the Civil Rights Act of 1964 is the primary federal anti-discrimination law and is administered by the Equal Employment Opportunity Commission. The California Fair Employment and Housing Act prohibits discrimination in all aspects of employment, including hiring, firing, and terms and conditions, and many other states have similar laws.

3. Can you prove discrimination?

Direct evidence is the easiest way to show that discrimination occurred. Direct evidence of discrimination includes statements by supervisors, managers, or other witnesses that go directly to the heart of the problem. For example, if the boss tells a co-worker that Employee Smith won’t get a promotion because she is a woman, or that Employee Green is being fired because she is gay, then the plaintiff has a simple case.

Most cases of discrimination are circumstantial. The probability of success can only be determined on a case-by-case basis after consulting with an attorney. Here is a hypothetical case in which the claimant may file a discrimination claim: a terminated employee alleges that he or she was 1) a member of a protected class 2) that the employee was qualified for the position 3) the employer took a adverse action against the employee in terminating the employee, and 4) the employee was replaced by a person who was not in the protected class. Showing those facts establishes a claim. However, the case is not over.

4. In a circumstantial case, your employer may try to show that its actions were not discriminatory

An employer always has the opportunity to offer a legitimate, non-discriminatory reason for its actions. The employee must then show that the reasons given are a pretext; just a cover for illegal discrimination. This is hard. Sometimes the plaintiff can show that the legitimate reasons offered by the employer are in fact flawed. Continuing our previous example, suppose the employer claims that the employee is consistently late. During the case the employee’s timesheets are produced and show that the employee was punctual. The law requires the plaintiff to prove not only that the reason stated by the employer is false, but also that the adverse action was due, at least in part, to discrimination.

The burden of proof in discrimination cases is high. The steps above are intended as guidelines for employees who feel they have experienced discrimination at work. The guidelines are not a substitute for discussing individual facts with a qualified attorney.