If you do have a protected characteristic, then you have to think about proof. Discrimination cases are notoriously difficult to prove and unless you have evidence of discriminatory motive , you won t get to first base with your claim. These days, people don t often admit they are discriminating. More often, a discrimination case is built on showing a pattern of unfairness against other people with the same protected characteristics. Every successful discrimination plaintiff can point to at least one other person who received similar unfair treatment.
Sexual harassment is a type of discrimination that is frequently in the news.
Women or men can bring sexual harassment claims as long as they are either denied a tangible job benefit such as a promotion or raise because they refused sexual advances, or they were subjected to such constant and severe sexual innuendo, touching or propositions that it interfered with their job. Once you ve decided you have been illegally discriminated against, ask yourself how much you have been damaged . Some types of harm are so minimal that a complaint would get thrown out of court. Being called a racial name once is not enough, for example. Multiple name-callings may get you to court, but if you only suffered embarrassment and anger and there s no money loss or lasting psychological distress, the amount of your damages may not be worth the hassle of pursuing it.