While employee discrimination is very difficult to prove when just one person wants to file a lawsuit, it does not mean that you do not have a case. Instead, you should hire a lawyer who works in an employment law firm to determine if you are indeed the victim of a discriminatory act. Here is how your lawyer and his or her firm will determine if you have a case.
Make Contact with the Employer Through an Investigative Process
It is necessary to conduct an investigation into why an employer did not hire you. The lawyer may send the company private detective in to poke around and make observations, or your lawyer may make several phone calls to the employer to inquire about the job all the while pretending to be the type of person you feel the employer discriminates against. If there is anything untoward about the employer's hiring practices or responses to job inquiries, your lawyer may want to look into the matter further via company records or public records.
Launching an Investigation That Includes Public Records
Public records include any prior employment complaints filed against the company as well as any court hearings and/or fines charged against the company for legal infractions. If your employment lawyer can detect a pattern of behavior, it might prove that there are discriminatory practices occurring and that your suspicions are legitimate. Combined with any prior observations of the work floor and/or phone conversations with said employer, and it might help prove your case.
Securing Company Records
Securing company records is much more difficult, usually because these records are private and protected. However, in cases of alleged illegal activity, it may be possible for your lawyer to secure some company records which could help your case. This is a very tricky, sticky situation and your lawyer can best explain to you how it can or may not work. In the event that you can find a company whistleblower (which is rare, but it does happen), then you might also be able to get your hands on some documents that show the hiring practices of the company.
Examining Your Own Actions and Behavior
Last, but certainly not least, your own actions and behavior may come under scrutiny. You should be as honest as possible with your attorney because he or she will need to know how you behaved in an interview. Were you dressed appropriately? Did you use appropriate and professional language and avoid vulgarity and obscenities? Did you present yourself well? Do you have a background riddled with questionable decisions and punishments or is your record fairly clean? These are all things that may play into an employer's decision to hire you or not hire you, and any one of these may be mistaken for discrimination. Ergo, it is important to tell your lawyer as much about yourself, your past and your interview as you can remember.Share