How does the EEOC prove discrimination?

The EEOC will take a look at the complaint that you file with them and see what information you’ve got to prove that you were discriminated against at work. They will then share that information and that complaint with your employer who will give their own response. If the EEOC believes that there are reasonable grounds that you were discriminated against at work, they will conduct a further investigation. That’s going to involve interviewing witnesses, seeing how the company has treated similarly situated employees and determining whether or not the company can prove its defense to your claim of discrimination. Ultimately, the EEOC needs to be able to prove by a preponderance of evidence, meaning at least 51% probability, that you suffered employment discrimination at your worksite.