Avila & Shaddow Attorneys at Law
Call For A Free Consultation
818-676-9658 / 866-450-4LAW
Se Habla Español
Menu Contact
Aggressive Protection of Your Rights Under The Law

Using indirect evidence in discrimination cases

If a California employee is involved in a workplace discrimination case, there may be strength in numbers. Specifically, people may have better odds of succeeding if it can be shown that others were discriminated against as well. For instance, a minority worker may want to show that other minorities were passed over for positions while women may want to show that females were treated worse than males.

Such circumstantial evidence is critical to proving a case because direct evidence is rarely available. Most employers are not going to say that a job wasn't offered specifically to minorities or that women don't get promoted because of their gender. Instead, a plaintiff may need to gather indirect clues that a workplace decision was made with the intent to discriminate.

It is important to note that the Supreme Court considers the treatment of other employees neither admissible or inadmissible per se. Such evidence is more likely to be heard in a given case if the decision maker was the same in several instances where a certain race or gender was discriminated against. Furthermore, the U.S. Court of Appeals for the 4th Circuit has ruled that discrimination cases may also be viewed in the light of how an employer treats workers of other races or genders.

If an employee feels that he or she has been the victim of workplace discrimination, legal action may be possible. An attorney may be able to help show that a company violated employment law by denying a promotion or for other reasons. This may be done by looking at hiring patterns or how others with protected attributes were treated by an employer. If successful, a worker may be entitled to compensation for back pay and other damages.

No Comments

Leave a comment
Comment Information

Contact Avila & Shaddow

We offer an initial consultation at no charge. Please call our office at 818-676-9658 or 866-450-4LAW. You may also contact our attorneys via email using the form below.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Avila & Shaddow Attorneys at Law

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions

  • LACBA Los Angels Country Bar Association
  • Rated By Super Lawyers Mark S. Avila
  • California Employment Lawyers Association
  • Avvo Ratings Excellent Top Attorney Employment Law
  • Consumer Attorneys Association Of Los Angels Sustaining Member
  • AV Preeminent Peer Rated for Highest Level of Professional Excellence