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It often takes a team of lawyers working around the clock to prove an instance of workplace discrimination. There are a few things that lawyers look for when they are examining a workplace discrimination case, and the main thing that they are searching for is why the employee was fired from or not hired for a position.
“Why?” is the key to any workplace discrimination case. There are a multitude of reasons why a person might not be hired or be fired, but only a few are legally actionable. If the employer wanted to hire his sister-in-law for the same position that you were applying for, he doesn’t have to hire you over his sister. But if your employer finds out you are homosexual and the next day he fires you, you may very well have a good court case.
Proving workplace discrimination is very difficult because you have to be able to prove why you were fired or passed over for a position. In many cases, the employer will have a list of legitimate reasons why an employee was fired or why a potential candidate was not hired. It is the job of your lawyer or lawyers to prove that the employer is lying.
There are few things that make a workplace discrimination lawsuit airtight: personally overhearing derogatory comments about yourself from your employer, finding documents to prove the discrimination, or even direct derogatory comments. All of these things are generally easier to prove than second or third hand gossip about how a boss doesn’t like you because of your race. But the burden of proof is ultimately on your lawyers, so hire someone good, and be completely honest with them; this will help them build a solid legal argument supporting your discrimination case.