Presenting Solid Evidence that Can Substantiate Your Workplace Discrimination Claim in San Antonio

Employees in San Antonio are protected by the law against discrimination based on age, disability, skin color, religion, sex, or other characteristics. Thus, employers who make adverse employment actions against an employee based on their protected class can face a discrimination lawsuit. 

Discrimination can take place against workers who belong to a protected class based on the decision of an employer that impacts their recruitment, termination, compensation, and demotion. The law protects workers from retaliation for taking part in protected activity like filing a discrimination charge with the EEOC or opposing workplace discrimination. In addition, employers must give reasonable accommodation to their workers’ religious practices.

What to Expect When You File a Complaint with the EEOC

Usually, you have the burden to prove that your employer discriminated against you because of your protected class. Your San Antonio employment discrimination lawyer can help demonstrate intentional discrimination using circumstantial or direct evidence. Direct evidence is usually the best type of evidence you can present. It includes biased statements a manager makes against you. But you may have to depend on circumstantial evidence to initiate a claim. If you succeed in your discrimination claim, you can be compensated for your losses including front pay, back pay, punitive damages, and pain and suffering damages. Also, you can be reinstated to your job position. 

Kinds of Evidence You Can Use

To prove that you have been discriminated against in your workplace, you may need to collect the following evidence:

  • Workplace communication. This includes emails, voicemails, and text messages that show a pattern of workplace mistreatment or discrimination. Also, this type of evidence can be used for discrediting the cause of termination. 
  • Performance reports. Your attorney will request previous performance reports on your behalf to see if your claims can be substantiated. Should these reports show that you were able to meet or exceed the expectations of your workplace, this can show you were terminated, mistreated, or denied employment opportunities because of discrimination.
  • Documentation. If discrimination in the workplace leads to termination, there must be paperwork that details the reason for termination. Your lawyer can ask for additional documentation to support the termination claim. For example, if your employer claims that the termination was decided because of your excessive absences, your attorney will ask for documentation like timecards that show the frequency of your absences. Often, this documentation disproves your employer’s excuse for terminating you. 
  • Witness testimony. A witness who is willing to come forward can give statements that can prove the mistreatment. Their statements can substantiate your claim.