Admissible Types Of Evidence To Prove Workplace Discrimination In California

California has one of the most comprehensive worker protection laws in the US. One of these protections includes the illegalization of discrimination. An employer isn’t allowed to make employment decisions based on prejudice towards a protected class.

Anti-discrimination laws apply to the following:

• Disability discrimination

• Pregnancy discrimination

• Retaliation against employees

• Marital status discrimination

• Sexual harassment in the workplace

• FMLA discrimination

• LGTBQ discrimination

• Religious beliefs discrimination

• Age discrimination

• Race discrimination

• Gender discrimination

• Whistleblower retaliation

• Discrimination based on genetic information

• National origin discrimination

• Wrongful termination

• Unpaid wages

California employees will be able to file claims against all forms of discrimination. These anti-discrimination laws apply to multiple employment situations, whether you were wrongfully terminated, retaliated against, or harassed.

You Need To Prove Your Claims

That said, you can’t just accuse an employer of discrimination. You still need to prove it.

For example, if you’re going to file a Wrongful Termination Claim, it has to be clear that you were fired because of discrimination and not because of a reason your employer is entitled to make.

So, you need to make sure that you have evidence of what motivated that illegal employment action, such as derogatory remarks, unfair treatment, and the timing. In addition, some pieces of evidence need to be organized to properly illustrate the discrimination you experience, so make sure you hire a prescreened California Personal Injury Attorney to help you.

Where To Find Evidence

Remember, the goal here is to prove that the adverse employment actions you were handed had been motivated by discrimination or prejudice. So, it’s essential to show them how you are treated at work.

Some evidence might include:

1. Pay Stubs, Contracts, And Other Employee Documents

You have the right to request all employee documents and records. These could be used to show discrepancies in your salary, payment schedules, or unfair employment actions.

For example, if your pay was cut because you filed claims against your employer, then it should show up in the documentation. 

2. Photos And Videos

Photos are frequently the most effective way to show proof. Visual media allows people to see things in action instead of witness statements that can be debunked.

However, you need to remember that California laws are strict with unauthorized recordings. The other party needs to consent to be filmed, recorded, or photographed to be admissible evidence. Additionally, recording someone in the heat of the moment could make tensions worse, so be wary of them.

That said, you don’t have to take photos and videos of people in action. You can take pictures of documents, your desk, or anything that might suggest discrimination. For example, if your boss leaves you threatening notes and letters, take photos of that. If people are scribbling your name on bathroom stalls as a way to harass or make fun of you, then take pictures of those.

3. Texts, Emails, And Chats

Keep any discriminatory texts and online correspondences. While screenshots can’t prove discrimination by themselves, they might be a great way to show a pattern of behavior.

For example, you can use them to prove that you’ve been getting harassed at work for an extended period of time. However, the best way to preserve the evidence is to keep the actual emails and the chats. This is to avoid any notion of manipulating screenshots to be used as false evidence.

4. Witness Statements

Witness statements can help illustrate your experiences at work. Additionally, it is considered illegal in California for employers to retaliate, wrongfully fire, or discriminate against employees who testify. This means your co-workers will be fine even if they testify for your claim.

Bottomline

As mentioned, some pieces of evidence may not be admissible. So, before you start laying out all the proof you have in hand, make sure you have your California Employment Attorney check them out. Doing so will make sure you’re providing robust proof to help build a solid case, as well as avoid possible legal repercussions for potentially illegally-obtained evidence.