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Determine what to look for. Contact witnesses. Collect documents.
Evidence in race discrimination cases can be hard to come by. A lot of times you will not know why an employer made the decision they did. However, you should generally look for the following: Race-related statements made by the employer. These statements may be overt racial slurs or may be hidden code words. Comparative treatment evidence. This is any evidence that helps you show that you were treated differently than similarly situated people of a different race. Relevant background facts. Racial discrimination does not occur in a vacuum. Look for evidence of how the employer has treated other employees. You might find a pattern of race-related attitudes or a poor work environment. An example of this may include evidence that the employer allows their employees to make racial jokes without repercussions. Relevant personnel policies. If the employer follows a relevant personnel policy, it may be evidence that there was no racial motive. However, if that employer did not follow an applicable policy, it may be evidence there was a racial motive. The decision maker's race. Statistical evidence. To find the evidence you are looking for, start by contacting potential witnesses. These people could be current employees, friends of the employer, or the employer herself. When you talk with witnesses, especially the employer, you and your attorney need to gauge their credibility. If the employer's explanation does not seem believable, the evidence of racial discrimination is much stronger than if the employer is believable. Credibility can be undermined if an explanation does not match the facts or if it is vague. Request documents or get access to documents that you think will help your case. You should, at the very least, obtain the following: Your personnel file. These documents will include your application and any notes the interviewer took; any internal documents discussing your application; your employment contract; your job description; performance reviews; award; and letters of reference. Documents relating to damages. Get your salary information, including fringe benefits, so you can calculate the amount of damages you should be awarded. Try to find W-2s, 1099s, 401(k) plans, and health insurance information. Party statements. These documents may take the form of emails, internal memoranda, notices of termination, meeting notes, and exit interview notes. Rules, policies, procedures, handbooks, and manuals. You will use these documents when the employer tries to justify their actions. For example, if an employer justifies their actions saying your performance reviews were sub-par, you will want to know what procedure they have in place for performance reviews, and whether those procedures were followed. Other charges and suits. You may be able to find evidence of past lawsuits against the employer you are investigating. If there are cases out there, you may be able to get information from those cases. One great example would be copies of depositions.