Proving discrimination in hiring requires proof that an employer used inappropriate information to make a hiring decision. There are three ways to prove that an employer did not hire you based on protected class status or retaliation instead of any legal reason to refuse employment.
Direct Evidence
Direct evidence occurs when an employer says or puts in writing that he did not hire you because of your gender, race, religion, color, or other protected characteristics. For instance, you may receive an email from the hiring manager. The email may state that they appreciate meeting you. However, they are looking for a younger workforce to help the business move forward. You are over 40.
Disparate Evidence
Disparate evidence is also known as indirect evidence or circumstantial evidence. It occurs when you can show a connection between your answers to questions or information obtained during an interview or application process and the employer’s refusal to hire you. For instance, you may provide your age on an application. You interview for the job. You then learn a younger person with fewer qualifications than you is offered the position.
Policy Evidence
Policy evidence can show discrimination in the hiring process. A company policy may say that it only hires women as cashiers. Having a woman as a cashier is not an occupational qualification. Instead, it is a company preference.
Derek Smith
7 min. read
Derek Smith