If you believe you've been discriminated against at work, here is a breakdown of what you'll generally need to show to establish a legal claim.

 

1. You experienced a negative employment outcome. This usually takes one of two forms: an Adverse Employment Action or a Hostile Environment.

2. An adverse employment action is a tangible, negative change in the terms or conditions of your employment. It’s an official act by your employer with real consequences.

3. A hostile environment (or harassment) occurs when discriminatory behavior—based on a protected characteristic—becomes so severe or pervasive that it alters the conditions of your employment and creates an abusive working environment.

4. The negative outcome was caused by the discrimination. You must show that your race, color, religion, sex (including sexual orientation and gender identity), national origin, age (40 or older), disability, or genetic information was a motivating factor in the employer's decision or action.

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Please note, that there is a wide gap between unprofessional conduct, poor management, foolish decision making and an adverse employment action. Examples of adverse employment actions include:

• • Being fired (termination).

  • Being demoted (loss of pay, title, or responsibilities).

  • Failure to hire or failure to promote.

  • A significant reduction in pay or benefits.

  • A substantial change in duties that makes your job much worse (e.g., stripping you of meaningful tasks).

 

Transfers or changes in job duties that do not materially affect the terms, conditions, or privileges of employment are not adverse actions. Nor is a performance evaluation that does not lead to a reduction in pay or other tangible adverse impact satisfy the requirement. Indeed, even getting “written up” without more, is likely not an adverse employment action. 

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Similarly, a toxic work environment that makes you want to quit, is not necessarily a hostile work environment in a legal sense.  

• This typically involves repeated insults, slurs, jokes, or physical conduct.

• A single, isolated incident usually isn't enough unless it is extremely serious (like a severe physical assault).

• The conduct must be something that both you found abusive and that a reasonable person in your position would also find abusive.

 

Also, you must show that the adverse employment action, especially for example, denial of a promotion, is not based on legitimate, non-discriminatory reasons. You should ask yourself, what will my employer claim the reason is for their actions. Then think about what kind of evidence you will have to show that this is false. 

 

Finally, consider the question of damages.  The law does not generally punish people for workplace discrimination the way it punishes people for violating a criminal law. Instead, the law seeks to “make you whole.”  

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Damages can generally be broken down into a few categories:

 

• Compensatory Damages: Money awarded to put you based on lost wages, that is money that you would have received but for the discrimination. The law does permit recovery for emotional distress under this category, but it is very rare to recover a significant amount for this in employment cases.  

• Punitive Damages: In rare cases where the employer acted with malice or reckless indifference to your rights, a court may award punitive damages. These are not meant to compensate you but to punish the employer and deter them and others from similar conduct in the future. 

• Attorney's Fees and Costs: If you win, the employer is often ordered to pay your reasonable attorney's fees and litigation costs.