How an Attorney Can Help You Prove Discrimination at Work

Experiencing discrimination in the workplace is frustrating, undeserved, and unlawful. If you’ve been denied opportunities, harassed, or treated unfairly because of who you are, know that you may have legal grounds to pursue an employment discrimination lawsuit. Workplace discrimination can be difficult to prove, and employers often deny wrongdoing, but an experienced employment attorney gives you the best chance to prove that you were unjustly wronged. 

At Morelli Law Firm, we help workers hold employers accountable for discrimination. How are these claims proven, and how can both you and your attorney work together to build a strong case? 

What Qualifies as Employment Discrimination?

Employment discrimination is defined as an employer treating a worker or job applicant unfairly based on a protected characteristic. In most states, and even federally, it is illegal for employers to discriminate against individuals because of: 

• Race or color 
• Religion or creed 
• Sex or gender (including pregnancy, childbirth, and gender identity) 
• Sexual orientation 
• Age 
• National origin 
• Disability 
• Marital status 
• Military status 
• Criminal conviction history (in certain contexts) 
• Domestic violence victim status 
• Immigration or citizenship status 
• Genetic characteristics 
• Reproductive health decision-making 

Discrimination can occur at any stage of employment—from hiring and promotions to firing and compensation decisions—and at any time during your employment with a company. Even if you’ve been employed by a company for decades, discrimination can occur over long periods of time. This could include being repeatedly passed over for promotion while less-qualified colleagues of a different race were advanced, or if you were fired shortly after disclosing a pregnancy. No matter how long you’ve been with a company, these actions may still constitute illegal discrimination. 

What Isn’t Considered Employment Discrimination? 

Not all treatment can be considered discrimination, or even illegal. Your employer may legally: 

• Discipline or fire you for poor performance 
• Promote someone else based on merit 
• Change company policies or procedures for business reasons (so long as the changes do not violate state or federal law) 
• Require adherence to dress codes or punctuality 

Keep in mind that these actions can be considered discriminatory if they are motivated by a protected characteristic. If your employer simply doesn’t like you, but treats everyone the same way, that may be toxic, but not necessarily illegal. You cannot sue simply because you do not like the way you are being treated, there has to be a way to prove that you are being discriminated against based on a protected characteristic. 

The Most Common Types of Workplace Discrimination 

Workplace discrimination can take many forms. Discrimination can be overt or subtle, isolated or ongoing. Either way, it’s unacceptable under the law.  

Who is protected, and what can be considered employment discrimination? Some of the most common types include: 

• Disparate Treatment: when an employee is treated differently because of a protected characteristic (e.g., fired for taking time off to pray when others are not penalized for breaks). 
• Harassment: when offensive jokes, slurs, or hostile behavior based on a protected trait create a toxic work environment. 
• Retaliation: when an employer punishes you for reporting discrimination or helping a coworker with their complaint. 
• Failure to Accommodate: when an employer refuses to make reasonable adjustments for religious practices, disabilities, or pregnancy-related needs. 

How Do You Prove Employment Discrimination? 

Proving discrimination requires more than just feeling mistreated. You need evidence that shows a connection between the adverse treatment and your protected characteristic. At Morelli Law, we will work with you to gather the evidence you need to have the strongest case. We will investigate every possible avenue to find:  

• Direct evidence, such as discriminatory statements made by a supervisor (e.g., “We don’t want someone your age on the team”). 
• Comparative evidence, such as showing that coworkers in similar roles were treated more favorably under similar circumstances. 
• Statistical evidence, which may reveal patterns of biased hiring, promotion, or termination practices within a company. 
• Documentation, like emails, performance reviews, schedules, or disciplinary records that support your claim. 
• Witness statements from coworkers or others who saw or experienced similar behavior. 

Many cases rely on a combination of circumstantial evidence and careful legal analysis, especially when employers try to justify their actions with vague or shifting explanations. 

You Can Trust Our Employment Discrimination Team

Navigating a discrimination claim on your own can be overwhelming. Employers have legal teams, and the burden is on you to prove that the discrimination occurred. That’s not the case with our team. We will listen to your story to evaluate your claim and determine whether the facts support a viable legal case. Our experts will go to work collecting and preserving evidence, including requesting company records or conducting witness interviews. If there is a case, we’ll negotiate with your employer for a fair settlement, including compensation, job reinstatement, or policy changes. If they refuse, we will go to trial, ensuring your voice is heard and your rights are protected. 

At Morelli Law Firm, we understand the nuances of both New York State and City laws. We know what it takes to build a strong discrimination case, and we’re not afraid to challenge large employers or corporate legal teams. 

How You Can Help with the Process 

While we will handle the heavy lifting, you can help build a stronger case by: 

• Keeping detailed records of what happened (dates, names, what was said, and who witnessed it) 
• Saving documents, emails, text messages, HR complaints, performance evaluations, or company policies. 
• Not deleting anything, even if you think it’s minor. Seemingly small pieces of information can become key evidence. 
• Following internal procedures. Start by reporting the issue to HR or a supervisor, preventing your employer from claiming they were unaware. 

Most importantly, remain professional in your workplace conduct. Employers often try to shift blame by questioning your behavior or performance.  

Take the First Step Toward Justice 

If you believe you’ve been the victim of workplace discrimination, you don’t have to suffer in silence or fight alone. Our experienced attorneys at Morelli Law Firm are here to listen, evaluate your claim, and fight for your rights. 

You may be entitled to compensation, reinstatement, policy changes, or other remedies that hold your employer accountable and help you move forward. Contact us today for a free, confidential case evaluation.