Written/Reviewed By:
Barry S. Kantrowitz, Esq.
Last Updated: Mar 23, 2026
Read Time: 1 mins
In a case where there’s no clear evidence of discrimination, such as a statement, email or something like that that says we’re firing somebody because of some illegal reason, the courts allow you to build your case through circumstantial evidence. They would look at the witnesses that you would provide to testify on your behalf. They would look at your work history to see if there’s some false reason, some pre-textual reason that the employer maybe taking some negative job action against you. It could be emails. It could be word of mouth. I could just be the circumstances, statements made to you. So there’s a lot of things that the court can do, but it does make it harder to prove a case when there is not clear evidence of discrimination.
