What methods are used to prove discrimination in an employment discrimination case?

In an employment discrimination case in Oregon, there are several methods to prove discrimination. One method is to demonstrate a pattern of decision-making by an employer based on a protected characteristic. This would involve documenting the experiences of similarly-situated employees who were treated differently based on their race, color, age, religion, disability, sex, national origin, sexual orientation, and/or marital status. This could include evidence of unequal pay, unequal access to training, denial of promotions, or other unequal treatment. Another method is to provide statistical evidence of discrimination. This could include an analysis of the employer’s policies or decisions to determine if the outcome disproportionately affects certain groups based on a protected characteristic. Thirdly, an employer may be liable if they make decisions based on stereotypes or assumptions about a person’s capabilities or qualifications related to a protected characteristic. This could include interviews that screen out certain candidates due to a protected characteristic, or relying on word-of-mouth referrals from their own network for open positions. Finally, an employer may be liable if they retaliate against an employee for filing a discrimination complaint or are witnesses in a discrimination case. Such retaliation could include firing, demoting, or assigning adverse duties. Evidence of retaliatory action is often difficult to prove, but if an employee can demonstrate a negative change in their work situation soon after filing a complaint, a court is likely to find evidence of retaliation. Employers should be aware that discrimination in any form is not allowed in the state of Oregon, and that those found to have violated any applicable laws may be subject to civil liability.

What methods are used to prove discrimination in an employment discrimination case?

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