Proving sex discrimination
Did managers or supervisors regularly make rude or derogatory comments directed at your protected class status or at all members of your class and related to work? Even when a person is treated differently, the Tribunal can find that the different treatment did not have a negative impact on the person of a kind that would amount to discrimination under the Code. Most cases are decided based on the facts. In most cases, the respondent will present witnesses and documentary evidence to prove an alternative non-discriminatory explanation for the negative treatment. An applicant at the Tribunal bears the burden of proving that discrimination occurred.
Were you treated differently than a similarly situated person who is not in your protected class? Examples would be letters, e-mails, minutes of meetings, etc. You do not have to prove that the respondent consciously intended to discriminate against you. For example, if you are claiming age discrimination, are you over 40? For example, a strength requirement might screen out disproportionate numbers of female applicants for a job, or requiring all applicants to receive a certain score on a standardized test to be eligible for a promotion could adversely affect candidates of color. An intent or motive to discriminate is not a necessary element in proving discrimination. What is circumstantial evidence? To prove discrimination, you must show that there is a connection also referred to as the nexus or the link between negative treatment that you experienced and one of the personal characteristics or prohibited grounds of discrimination listed in the the Code. The aim is to ensure that the same establishment pays men and women equally for the same amount of work. Emotional distress damages, which are also called pain and suffering, are mental or emotional injuries as a result of the discrimination. According to the "McDonnell-Douglas Test," named for a famous Supreme Court decision, an employee must first make out at least a "prima facie case" to raise a presumption of discrimination. Interview Questions The interview process should be similar for both genders, but women are frequently expected to field different types of questions. Is the negative treatment connected to a protected characteristic under the Code? The man is not really harmed by not being allowed into a program that is designed to help individuals who are at a disadvantage by virtue of their recent immigrant status, gender and race. The purpose of the Code is to address differences or distinctions that have the effect of perpetuating disadvantage or promoting negative stereotypes about individuals who have a protected personal characteristic under the Code. Assuming that your employer can offer any explanation at all for terminating your employment, you must next consider whether you can prove that the reason is just a pretext, a cover-up for discrimination. Cases that rely on circumstantial evidence are more difficult for the Tribunal to decide Circumstantial evidence requires some reasoning in order to prove a fact. Position Bias Many positions have become synonymous with the gender of a person. The law only requires the employer to articulate, or state, a reason for its conduct. Front Pay is lost future earnings resulting from the discrimination. As a result of this bias towards female nurses, male nurses may not be considered for new positions or work opportunities leading to less training opportunities and career development. For example, if your job required you to be a licensed technician, were you licensed? There are several federal laws that protect you from discrimination in the workplace. In making its decision, the Tribunal will not rely on the evidence of a witness who is not believable or credible. This means an applicant must establish that a respondent engaged in an action which was intended as retaliation for claiming or enforcing a Code right. An applicant cannot always rely on testimony or written documents that directly demonstrate that their race, for example, or another personal characteristic in the Code, was one of the reasons why they were treated negatively. If the employer cannot offer a legitimate reason for your termination, the presumption remains and you have proven a case of discrimination.
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