Two company employees testify they heard the hiring supervisor say that a woman with young children would not be able to fulfill the requirements of the job Olivia sought. The investigation further reveals the hiring supervisor did not ask male applicants whether they had children and, if so, whether their childcare arrangements could accommodate the demands of the job. There is direct evidence the company's stereotypes about female employees with children affected its decision not to promote Olivia. To constitute direct evidence of discrimination, evidence that an employer or potential employer had stereotypes about a group must be connected to the employment decision. While general stereotypes are not enough to provide direct evidence of discrimination, stereotypes, along with other evidence, can be used as circumstantial evidence of discrimination.
Few people have evidence of direct statements or policies that prove discrimination.
When you don't have this kind of direct evidence, you can use circumstantial evidence to prove your employer or potential employer treated you differently than someone else based on your membership in a protected class. Circumstantial evidence is evidence that is created by looking at all the circumstances surrounding an event. An employer may not make a discriminatory statement, but the way he or she acts can imply he or she was acting discriminatorily. Evidence showing your employer treated you differently from employees who are not in your protected group is circumstantial evidence of discrimination. For example, suppose you are black and your employer fires you for not following the company dress code.