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How do you prove discrimination in the workplace?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 15, 2026

Read Time: 4 mins

Discrimination in the workplace is a reprehensible, yet common practice. All employees have the right to feel safe and secure in their place of business, and to do their jobs without fear of unjustified adverse actions. Federal and state laws protect workers from discriminatory actions, but proving discrimination can sometimes be challenging. The most effective course of action is to consult an employment law attorney for legal guidance.

Why should you try to prove discriminatory practices?

Many workers decide to file a legal claim against an employer who has engaged in discriminatory actions. In some cases, filing a legal claim may enable the worker to continue to work in the same place, but to enjoy a fairer and less stressful environment.

Workplace discrimination may take the form of wrongful termination. If a worker has been wrongfully terminated, it can be difficult to secure employment elsewhere, given that the termination will be on the worker’s record and that it’s unlikely the worker can secure a positive reference from the previous employer. There may also be issues with the worker’s severance package, if applicable. In this situation, proving that the worker was the victim of wrongful termination can enable him or her to move forward.

Using direct evidence to prove discrimination in the workplace

Direct and circumstantial evidence are the two main types of proof that an employment lawyer might use to support allegations of discrimination in the workplace. Direct evidence isn’t often used, as it’s difficult to obtain. Direct evidence may take the form of verbal or written statements that a supervisor or manager took an adverse action against you based on your protected class. This begs the question: What is a protected class?

Under federal law, the legal definition of discrimination is an adverse action that was executed on the basis of a protected class. For example, a supervisor informs an employee that he is being let go because he’s getting too old and the company wants to promote a more energetic, youthful image. Age is a protected class, and so the supervisor has engaged in unlawful discrimination. Other protected classes are:

Race
Color
Religion
Sex (including pregnancy, gender identity, and sexual orientation)
National origin
Age (40 and older)
Disability
Genetic information

Any written or verbal statements that prove discrimination on the basis of any of those protected classes can be used as evidence in an employment discrimination claim. These may take the form of memos, human resources records, or phone messages.

Understanding the use of circumstantial evidence

In most cases, workers who have suffered discriminatory actions must use circumstantial evidence as proof. When determining whether the circumstantial evidence is sufficient to prove a claim, attorneys will often refer to the McDonnell-Douglas test. This test, which stemmed from a Supreme Court decision, requires workers to answer “Yes” to the following four questions:

Are you a member of a protected class?
Were you qualified for your position? (Or the position you were applying for)
Were you the victim of adverse action? (Including firing, demoting, etc.)
Were you replaced by someone not in your protected class?

These questions are helpful for proving circumstantial evidence, but they aren’t the only factors an employment law attorney will consider. It’s also useful to consider patterns of behavior in a workplace. For example, you might have noticed that there are very few employees of protected classes at the worksite. If there are other employees of protected classes, you might have noticed that these workers tend to be given the less favorable assignments or positions. Any evidence you can give your attorney will be helpful for your case.

Have you been the victim of workplace discrimination?

Even if you aren’t sure whether you can prove discrimination in the workplace, you owe it to yourself to take action. No one should be subjected to discriminatory practices in the workplace. Get the legal help you need right now by contacting the law firm of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. Since 1975, our employment law attorneys have been providing exemplary legal representation to individuals in Bergen County, NJ and Rockland County, NY. It’s our mission to help you achieve a brighter future. Call us toll-free at (866) 971-0927 to request a consultation.

Additional resources on workplace discrimination

U.S. Equal Employment Opportunity Commission, Overview.
U.S. Equal Employment Opportunity Commission, Discrimination by Type, https://www.eeoc.gov/laws/types/index.cfm

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   Kenny Perlow 
 37 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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 101 days ago
 
 
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 104 days ago
 
 
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   Mike Sakmann 
 110 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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 116 days ago
 
 
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 139 days ago
 
 
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 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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 159 days ago
 
 
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 162 days ago
 
 
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How do you prove discrimination in the workplace?

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