Employment Law

Personal Injury

Workplace discrimination victims have higher burden of proof

by | Sep 22, 2017 | Race Discrimination |

Workplace discrimination is an issue that affects many people in Kansas City and around the country. Whether it is age, gender, religion, race, or origin-based, it is an all too real reality that many workers find themselves exposed to every day. When employers use these factors to influence their hiring decisions and employment operations, their actions can create hostile and toxic work environments. 

Some people who experience discrimination at work do not realize it. Many people who are aware that they are being harassed and targeted by their co-workers and supervisors do not report. Although federal law requires most employers to have policies to describe and prevent it, many victims stay quiet because they fear retaliation. Other individuals who do report their employers have trouble proving their cases. Insufficient evidence was the reason that 71.4 percent of the racial discrimination claims filed in 2014 were dismissed, states CNN Money.

Previously, employees who filed workplace discrimination claims had the burden of proving their employers’ actions towards them were influenced by their age, gender, origin and religion. According to U.S. News & World Report, recent changes to federal workplace discrimination reporting requirements now specify that employees must “prove any discriminating behaviors their employers exhibit towards them are the result of motivating factors.” This can make it more challenging for some victims to prove that their employers violated one or some of their protected class rights and easier for employers to avoid accountability. 

It can be difficult to prove any kind of workplace discrimination. Anyone who believes their employer is unlawfully harassing them may benefit from speaking to an attorney for guidance.