Under both federal and state law, employees in Ohio are protected from unlawful discrimination on the basis of race, sex, religion, age, national origin, pregnancy, or disability. That means your employer can’t fire you or take other adverse employment actions on the basis of your protected characteristic. It also means you have legal recourse if you are discriminated against at work.
However, to actually pursue and win a discrimination claim, you have to prove it. That starts with proper documentation. Here are a few things you need to document to protect your rights as an employee.
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Direct Evidence of Discrimination
Direct evidence of discrimination is any statement or action that is flat-out discriminatory on its face. For example, if your boss explicitly says that you aren’t being promoted because of your race or gender, that statement is direct evidence of discrimination.
Not all discrimination cases involve direct evidence, but it’s important to document if and when it does occur. Make a note of exactly what was said, who said it, and whether any witnesses were present.
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Circumstantial Evidence
It’s still possible to win an employment discrimination case without “smoking gun” evidence. Keep records of everything related to your employer’s decisions about your employment, including text messages, emails, photos, videos, or any other relevant information. Make sure you maintain personal records in a place your employer cannot access or delete.
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Witness Information
If anyone witnessed discriminatory conduct, make sure you have their name and contact information. Your attorney can follow up with those witnesses if you end up pursuing litigation.
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Reports to Your Employer
If you reported discrimination or harassment to a supervisor, human resources, or another authority figure at your employer, make sure you keep a record of that report. That way, you can show that the employer was “on notice” about your allegations of discrimination, which can be crucial.
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Your Employment Records
If you pursue a discrimination claim, your employer will likely try to argue that they had a non-discriminatory reason to act the way they did, such as job performance. That’s why it’s important to keep copies of your performance reviews and similar documents you can use to prove that you met expectations in your job.
Talk to an experienced employment discrimination attorney in Ohio today
Gathering documentation is only the first step in pursuing a legal case for employment discrimination. There are specific legal requirements that must be met, and strict deadlines that can get your case dismissed if you don’t act in a timely manner. That’s why it’s important to speak with an experienced employment law attorney as soon as possible.
Our workplace discrimination attorneys would be honored to listen to your story and explain your legal rights and options. Remember, talking to an employment lawyer doesn’t mean you have to file a lawsuit; it’s just an opportunity to get answers about your potential case. Give us a call or contact us online for a free case evaluation with Gibson Law, LLC.