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

In Washington, employers must abide by employment discrimination laws which prohibit discrimination based on race, color, national origin, sex, religion, disability, genetic information, age, and other characteristics. To prove discrimination in an employment discrimination case, one of the methods used is to show that the employer made decisions that were based on any of the prohibited characteristics. This can involve providing evidence that the employer used language that was discriminatory or treated employees differently based on their race, gender, or other protected characteristic. Another way to prove discrimination is to show that the employer’s reasons for a decision are false or untrue. This can involve providing evidence that the employer was actually motivated by the protected characteristic and not by the reasons they provided for a decision. In addition, the person bringing the case may be able to establish a pattern of discriminatory behavior by the employer. To do this, they must show that the employer consistently treated people of the same protected class differently from people who were not of that class. Finally, Washington law also allows claimants to bring a type of case called “disparate impact” claims. These claims are based on the idea that a policy or decision had a disproportionate impact on a protected class of people. To win this type of case, the claimant must show that the policy or decision had a statistically significant negative effect on the protected class.

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