How to Prove Discrimination | Lawyer Explains

Video chapters:
0:00 intro
0:10 disclaimer
0:30 WHAT TO PROVE
1:00 protected characteristics
1:40 employer must KNOW
2:20 adverse action
2:40 employer motivation
3:00 HOW TO PROVE IT?
3:20 timeline
3:40 direct evidence
4:17 circumstantial evidence
4:40 written complaints
4:55 performance reviews
5:15 discipline history
5:30 comparator evidence
5:45 evidence of lying
6:17 Summary
6:49 contact me
6:57 like and subscribe :-)

[michellejubinal]

So important to keep records of everything even tho you don't think it's important. I kept a journal, emails, copies of work logs, even post-its. I didn't think of doing it until I realized how my supervisor could get away with making up stories. My supervisor would say positive things to me but then paint an entirely different story to his superiors. He was military and I was an independent contractor. He had a previous court martial and was found guilty on 3 counts of indecent exposure before being stationed to the base I was employed. I would eventually come to know of this but only long after my wrongful termination. Fearing I would some day be courageous enough to come forward with my personal and painful experiences of him, my supervisor began to paint me in a negative light to his superiors. I had received a certificate of appreciation and positive emails from other officials, which I kept. I really didn't know what my supervisor was up to until much much later - and too late to try and recover. However I kept my records as insurance. It came in handy. When I was terminated 2 weeks after attempting to make a verbal claim (never do this- submit a statement!) about my supervisor I was then informed it was the result of poor performance. This was the first and only time i had been aware of poor performance. Previously I had been informed directly - but verbally- by my employer my work performance was above satisfactory. I filed an EEOC claim and it was then my employer had to submit reviews, notices, and list the reasons derived at this conclusion. They had no reviews or notices to submit. However they did list multiple reasons for my poor performance which thanks to my record keeping I was able to thwart their lies. One such example they provided included a date in which I was not at work. They stated I did not perform my work duties. They were correct because I submitted for a sick day and i had that approval in writing. I also kept copies of all my time sheets after they were signed for approval by my employer (before being wrongfully terminated of course). Keep records please.

[adrianjamestansmu]

Excellent presentation. Simple, precise, and lucid. This is very informative.

[ozf]

This video needs to get a million plus views and likes.

I've researched the entire internet, and this is hands down the BEST video on the issue.

Great job 👏🏽 👏🏽 👏🏽

[univerz]

Thanks from Australia you helped me so much. This has strengthened my resolve. We have similar laws in age discrimination.

[baninaam]

Amazing video … construct a sequence of events … excellent video, it will be something I will share with my friends in Minneapolis.
And I am going to pass this web site to my friend in, northern Minnesota, and I have another in Minneapolis … your video was excellent and informative; you give out the basic steps someone can take to defend themselves.
Both Benica and I loved the presentations.
Here in Toronto it is a melting pot and many different nationalities. The city has grown from around 3 million to over 5 million.
Mostly from the relocation of several million Chinese from the Hong Kong area.

Blessings and thank you
Very polished, and someone with trouble or troubles will seek you out!
I can visualize this right now.

Love Ned gratitude,
Uncle Mike

[jamesjohnson]

I contacted your firm and did not have enough money. Most attorneys are greedy and if they can't make money easy mega money you are on your own.😧

[vivianclark]

Hi Ed, Thank you ever so much for providing the above guidance. It was very helpful. Continued success!!

[Dennis-ezyy]

My landlord was turning the heat up to 90ﾟ causing me seizures. When I complain she kicked me out with no explanation. I wanted to file a complaint through the health department they refuse to let me file a complaint and wouldn't tell me how to go about it. I contact code enforcement same thing I contact hudd housing same thing I call legal aid hung up mid sentence. So these places are supposed to let you file a complaint and don't let you file what do you do who do you contact then? I asked to speak to a supervisor or manager they refused to get them.

[iseeflowers]

Does the optional questionnaire (genders, races, veterans) in the application affect the hiring process? Should we fill that out?

[piotrd]

Can I file a discrimination case at the job I still work at?

[mohammed]

I was employed and employer knew I had a disability. And when I had an accident doing additional duties. My employer said he would've never hired me because of my medical condition. And when I got medical leave I was remove from the payroll

[acmeallpurpose]

I have worked for a company for almost 7 years. 5+ years of good employee reviews. New C suite manager has been retaliating since I asked for a reasonable accommodation to not be asked to work on my days off after putting in 50 hours or more. The very next day demanded another letter from my doctor for my MS. Demoted me from manager to clerk the very next day but title and pay remain the same. Gaslighting, lying and yelling at me. In my industry we are closed Monday but the office is open. For 3 years i work Tue to Sat. She removed my Saturday and said I had to work 4 10's after citing MS fatigue. Then she removed only my flex time for arrival and said I had to be at work by 8am. When i couldn't keep up, remanded me for that. Being off Mondays allows me to make doctors appt after years of being an acceptable accommodation.

[matthewtalaga]

Hey, question. How about this: I was not terminated but I was forced to take a 2-month leave because I was asked for a fit to work clearance from my psychiatrist without a strong reason, and here in the Phils it usually takes 2 mos to book an appointment with one. They prevented me from coming back to work until I can provide that clearance. I was also subjected to coaching because of my poor performance the same season I had clinical depression.

[KevinKhoa]

Great video and information! Thank you.

[noobgaming.]

If I tell my attorney that there was segregation in the workplace is that good circumstantial evidence or should I keep it based on me?

[sambria]

Question? What if a company does not hire someone due to them having issues with a former employee, who is related to the employee now trying to be employed there? 🤷🏻‍♀️
Complicated I know 😩

[candyman]

This sounds like an unenforceable law, especially in conservative states in the deep south, where they believe that the corporation should have the power and authority of a dictatorship. I'm currently struggling to stay working, as they bring in younger migrant workers from other states.

[val]

How does the employer lying about either not hiring or terminating an employment represent a category which can be beneficial in proving a discrimination took place? As long as there is no palpable evidence even if the employer's discriminatory intent may be irrefutable to the employee does it really matter (in court)?

[ImageMusiclife]

I need to get in touch with a lawyer. I went to Vegas and stayed at the Bellagio hotel 11/29/23 . I was going back to my room and the security stop me and told me I had to show him my key card. Which I did I ask him why you ask me when there were four white people that was in front of me and didn’t ask them. He said I’m just following ours rules. I went to speak to his and manger . They had me fill out a statement. After I did that I ask to speak to the hotel manager. The hotel manager apologised and give me a 200 dollar credit and an extra day . I told him that not what I want . I want to know why are y’all just stopping black people. I spend a lot of money there and I deserve to be treated like everyone else. They replace the security guard . 30 minutes later as I was come back to my room I recorded. The security guard letting all the white folks up to there room without showing their key card. As soon as I walk back up there to get to my room the security guard stop me yet again asking me for my key card. I really for low and this really messed up my birthday. I couldn’t not sleep thinking about this and I still can’t sleep. I need help finding a lawyer.

[freedomworks]

If I reported my boss for bullying text messages to HR and then the next day they fire me after HR sided with me and made up a reason to terminate me can I sue them?