Does an Employee Have a Discrimination Claim? - Factors to Assess

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1. Was the employee treated differently than other employees because of the employee's race, gender, religion, sex, age, disability, nationality, or military service?

  • Compare treatment of female employee vs. male employees

  • Compare treatment of African American employee vs. white employees

  • Compare treatment of Muslim employee vs. Christian employees

2. Were derogatory comments made about the employee's race, gender, religion, sex, age, disability, nationality, or military service?

  • Did the employee's supervisor or colleagues make jokes or offensive comments about the employee's race, gender, religion, sex, age, disability, nationality, or military service?

3. Did a policy of an employer adversely impact a certain group of employees because of their race, gender, religion, sex, disability, nationality, or military service?

  • When policy X of the employer was instituted it caused all female employees to be ineligible for a promotion.

  • When policy Y of the employer was instituted it caused all employees over 45 to be unable to work overtime hours.

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