Proving color discrimination in the Philadelphia workplace is about showing that the unfair treatment an employee or job applicant received was based on the color of his or her skin. You must prove that had it not been for your skin color, the unfair treatment would never have occurred. There are several ways this can be done.
First, you can use direct evidence. Direct evidence is that you were directly told or received, intentionally or unintentionally, an email or voicemail, that blatantly stated you were not hired, you were terminated, demoted, or denied an assignment because of your skin color. This type of evidence is rare to come by but does occur and should be saved and documented immediately.
The next type of evidence is based on actions. This type of evidence is not direct but can be very powerful. This type of evidence includes actions that are clearly based on skin color. For instance, you were denied an assignment in favor of another person of the same race with a lighter skin tone. This is called a disparate action and shows evidence that the employee or job applicant is passed over for a promotion, assignment, the job, or terminated and someone of another skin color is given the opportunity instead.
Finally, there is evidence-based on a policy. This evidence shows the company has discriminatory policies and dingle out employees or job applicants because of the color of his or her skin. For instance, a policy that says only dark-skinned employees can work on projects for African American clients is a policy that discriminates based on color.
Derek Smith
9 min. read
Derek Smith