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How do I Prove Gender Discrimination?

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  • Written By: N. Madison
  • Edited By: Jenn Walker
  • Last Modified Date: 11 November 2016
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To prove gender discrimination, you will typically need to prepare written documentation about the incidents of discrimination. You may also use statements from witnesses, your employment personnel file, and other written documentation to make your case. Since these cases can be complex and difficult to prove, you may do well to seek an attorney's help as soon as you feel you have been a victim of gender discrimination. A lawyer may help you file a claim and assist you with proving your case.

When you are trying to prove gender discrimination, one of the most important things to do is seek the help of a lawyer. You may do this by arranging a consultation with a reputable attorney in your area and sharing the details of the discrimination you have faced with him. A skilled attorney can point out the legal strengths and weaknesses of your case and help you understand what you can expect going forward. If the attorney believes you have a good case, you may choose to hire him to prove that you have faced discrimination based on your gender.

You normally will also have to report the gender discrimination to file a claim. Usually, you can accomplish this through an employer’s human resource department. Your jurisdiction may also have an organization that handles these types of complaints. For example, you may report the discrimination and file a claim with your jurisdiction's Equal Employment Opportunity Commission or a similar organization.

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To prove gender discrimination, you will likely need to keep detailed notes about the type of discrimination you have faced. For example, your notes should detail not only the dates and times that you were exposed to discriminatory behavior, but also the other people who were involved. You may also keep detailed notes regarding related conversations and list any witnesses of the discriminatory behavior. Additionally, your notes should include details about where you faced the discrimination. For example, if incidents occurred in your company’s meeting room, include this information in your notes as well.

Witnesses may be very important to your case when you are trying to prove gender discrimination. Following the advice of your lawyer, you will likely have to contact witnesses and ask them to write and sign statements detailing what they saw or heard. As with your notes, these witness statements should be as detailed as possible and include information regarding when and where the discrimination occurred as well as the names of the people involved.

You may also do well to collect written evidence that you have faced gender discrimination. For example, if discriminatory materials have been posted in your place of employment, you may use copies of these materials as evidence. Likewise, if you have received letters or emails that contain discriminatory content, copies of these materials may prove helpful as well. Additionally, you may use a copy of your personnel file to help prove your case.

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