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

By Malatesta Law on August 1, 2018

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.