How does an employee prove an employment discrimination claim?

In order to prove an employment discrimination claim in North Carolina, the employee must present evidence that shows the employer’s discriminatory actions. To do this, an employee must demonstrate that the employer had a “discriminatory animus”—or a hostile attitude—towards them based on their protected status. This can be done by presenting evidence such as emails, text messages, or other documents that contain discriminatory language. The employee may also present comparator evidence, which is evidence that shows the employer treated similarly-situated people differently due to their protected status. If an employee is able to demonstrate discriminatory animus or comparator evidence, they may be able to prove their claim. However, an employee may also show that they were treated differently for reasons other than their protected status, and that the employer’s decision was made for permissible reasons. Additionally, an employee may present evidence that the employer’s decision was based on a false or inaccurate factual assumption—this is known as pretext. If the employee is able to show that the employer’s decision was based on a discriminatory animus, or an inaccurate factual assumption, then the employee may be able to prove their claim of employment discrimination. If the employee can prove that the employer’s action was discriminatory, then they may be entitled to compensation for their losses.

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How does an employee prove an employment discrimination claim?

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