Documenting Discrimination

Before the LFUCHRC can conclude that you were discriminated against, it would need proof that:

You were treated differently than someone of a different race, color, sex, age, national origin, religion, or sexual orientation/gender identity.  The HRC will expect you to know something about the person whom you believe was treated more favorably than you.  Usually, you should be able to provide the person's name, their race, sex, approximate age, or other appropriate characteristic related to the legal coverage and where they worked, who their supervisor was, and the job they performed.

Someone who is very similar to you in position, rank, or job duties, and who is of a different sex, race, etc. was treated more favorably under similar circumstances.  When looking at the person you believe was treated more favorably than you, HRC will want to know whether that person worked under the same rules and regulations that you did.

There was no legitimate, nondiscriminatory reason why the Respondent treated you differently.  Once you have identified the person or persons whom you believe was treated more favorably than you, HRC will want to know whether there may have been some reason other than sex, race, color, national origin, religion, age or sexual orientation/gender identity that might have caused the employer to treat this person more favorably.

In addition, if your basis is disability, under employment law, the first item and two or more of the other items below must be established, depending upon the nature of the allegation.

That you are a "Qualified Individual with a Disability."  The ADA and Ordinance 199-94 are very specific about what it takes for a person to be covered by the law - you must be able to perform the essential functions of the job, either with or without an accommodation.  You must have a medical condition that substantially limits one or more of you major life activities.  The impairment to your major life activity must be substantial, and of significant duration.  Mitigating measures that control or eliminate symptoms or limitation of the impairment must be considered when determining whether an individual has a disability under these laws.  If the impairment created by your disability is not readily apparent, HRC will need verification from your physician as to the nature, extent, and duration of your disability.  This documentation should be presented at the time you file a charge.

The employer knew about your disability.  In order to take an action because of a disability, it is obvious that the employer must know a disability exists.  Usually, the employer will know because you tell them; your medical records contain information about your disability; or you were injured on the job.  You should be able to provide HRC information to establish that the employer knew about your disability.

The employer thought you had a disability, when you did not.  This extends to people who believe they have been discriminated against because of their association with a disabled person.

You have a record of disability.  Even if the employer knew, or thought it knew that you had a disability, that is not enough to prove that the employment action taken against you was for this reason.  There would have to be independent testimony or record that would establish the reason for the action.

The employer denied you a reasonable accommodation, after you let it be known one was needed.  An individual with a disability has an obligation to let the employer know that they need an accommodation, and the employer has an obligation to provide a "reasonable" accommodation.  You may also advise your employer as to what kind of accommodation you believe would be the most suitable for your condition.  However, an accommodation can be considered "reasonable" even though it may not be the exact accommodation you requested.

Types of Evidence

Testimony: Testimony is simply a statement taken from someone who would be in a position to have first hand knowledge about what happened to you.  "Second-hand" information, or "hearsay" information is not as good as first hand information, but it can be useful in certain circumstances.  If you know someone whom you believe knows what happened to you, and is willing to tell the HRC about it, then you should provide the HRC with their name, position, home phone and address, and let the HRC know what that person can say that will support your charge.

Documents:  This category includes any record that is written such as policies, procedures, letters, hand written notes, files and so on.  It also includes computer disks and tapes, and other types of recordings.  If you have any document in your possession which would support your claim, you should provide that to the HRC.  If you know of any document such as a record of attendance, a production report, etc., that the employer has that would support your charge, you should tell the HRC.

Statistical:  In certain cases, the HRC will look at the impact that a particular employment policy or decision has on others in your particular group, and compare that with how the policy affected members of a different group.  For example, in a layoff, the HRC might look at the age of everyone who was laid off.  Statistical proof must meet certain scientific standards, and cannot be used in all situations.

 

Home    Back        

Send mail to webmaster with questions or comments about this web site.
Last modified: 04 Jun 2023