Workplace discrimination can be deeply upsetting and confusing. When you have experienced misconduct at work, it is only natural to ask for help. Whether you are being passed over for promotions, subjected to unequal treatment, or facing harassment, it is important to understand you may have legal recourse.

The below is provided as a reference to help you reflect on the circumstances of your employment experience; however, you should reach out to a workplace discrimination attorney for individual advice about whether you have a case. 

Do I Have a Discrimination Case?

Employment discrimination isn’t limited to a one-time incident or an isolated event. Discrimination typically involves a pattern of behavior where an individual is treated unfairly because of certain protected characteristics, such as their race, religion, gender, pregnancy status, disability, or national origin. 

In employment law, protected classes refer to groups of people who are legally shielded from discrimination in the workplace. Common protected classes include:

Under federal law, employees are protected from discrimination in various aspects of employment, including hiring, promotions, compensation, job assignments, and termination. However, proving discrimination at work requires careful attention to detail and supporting evidence.

Types of Evidence in an Employment Discrimination Case:

  • Personal Testimony. Your personal testimony is one of the most critical elements of your discrimination case. This includes both written statements and oral testimony given under oath. Providing clear and accurate testimony can help establish a timeline of events and demonstrate a pattern of discrimination.
  • Third-Party Testimony. Third-party testimony can add credibility to your case and help demonstrate that your experiences were not isolated incidents, but part of a larger pattern of discrimination. Third parties can include:

    • Co-workers: If other employees witnessed discriminatory actions or were also subjected to unfair treatment, their testimonies can corroborate your claim.
    • Subject Matter Experts: Experts, such as psychologists or industry professionals, may be called upon to testify about how certain actions or behaviors meet the legal definitions of discrimination.
    • Supervisors or HR Representatives: Testimonies from individuals who may have been involved in handling your complaint or making employment decisions can also be valuable.
  • Documentation and/or Physical Evidence. Physical evidence is often key to substantiating a discrimination claim. Documentation might include:

    • Emails, texts or chat messages exchanged with your employer
    • Performance reviews
    • HR Complaints, or other formal complaints
    • EEOC filings
    • Employment contracts
    • Written warnings
  • Statistics, Legal Precedent and Other Employment Policy Decisions. An employment rights attorney will build your case within the scope of employment laws in North Carolina and South Carolina. They will also rely on previous court decisions or legal precedents involving discrimination cases similar to yours. These cases can help establish a framework for how your case should be viewed. 

The 4 Legal Criteria Needed to Prove Discrimination at Work

  1. You Belong to a Protected Class.

    This is the foundational element of any discrimination claim. To prove your case, your attorney must demonstrate that you belong to one of the protected classes. For example, if you are alleging pregnancy discrimination, you need to establish that you are currently pregnant — or were pregnant at the time of the discriminatory action — and that you were treated unfairly because of your pregnancy status.

  2. Your Employer Made an Adverse Employment Decision.

    An adverse employment decision refers to an action taken by your employer that negatively impacts your employment: such as firing you, denying a promotion, lowering your pay, or changing your job duties in a way that harms your career prospects.

    The action must be significant enough to have a detrimental effect on your job. For instance, a simple reprimand or verbal warning may not rise to the level of discrimination, but a demotion or termination could.

  3. You Met Reasonable Expectations for Job Performance, Job Qualifications, or Availability to Work.

    To prove discrimination, your attorney must show you were performing your job at a reasonable level, meeting job expectations, or fulfilling your qualifications. This means showing your performance was in line with company standards and that you were qualified for the position in question. For example, if you were denied a promotion despite meeting all performance metrics and qualifications, this could support your discrimination claim.

  4. Your Employer’s Adverse Actions Suggest Discrimination.

    Finally, your workplace discrimination lawyer must demonstrate that the adverse employment actions taken against you were motivated by discriminatory intent. This can be proven through circumstantial evidence, such as:

  • A pattern of treating others in your protected class unfairly
  • Comments or actions from your employer that suggest bias or prejudice
  • An employer’s failure to follow company policy in handling your situation

If you believe you have experienced workplace discrimination, solid evidence is key to a strong case. Remember that an experienced employment rights attorney can help you gather and present this evidence effectively. Contact a work discrimination lawyer near you to discuss how to file an employment discrimination lawsuit. 

Herrmann & Murphy Will Fight For You 

Discrimination is a serious issue, but with the right evidence and legal guidance, you can obtain justice. If you believe you have experienced discrimination in the workplace in North Carolina or South Carolina, contact the law office of Herrmann & Murphy to discuss your concerns.     

To discuss your situation, submit an intake form online, or make an appointment at one of our two locations:

  • To reach our Charlotte, North Carolina law office: Call (704) 940-6399
  • To reach our Greenville, South Carolina law office: Call (864) 516-7526

OUR RESULTS: See our recent discrimination lawsuit settlements and other notable case results.

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