Several federal laws prohibit discrimination in the workplace, including Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on color, race, sex, religion and national origin, and, the Civil Rights Act of 1991, which provides monetary damages when the discrimination is intentional. These prohibited discriminations apply to the workplace starting at the hiring and firing process, through all terms of employment, according to the Equal Employment Opportunity Commission.
Particular Employment Practice
You must prove that your employer uses a particular employment practice for hiring, firing and promotions to exclude you because of your race, color, religion, sex or national origin. The employer must also fail to show that the practice is job-related for the position you were denied --- either that employer did not hire you, fired you or did not give you a promotion, and its decision was based on a reason not relevant to that position, according to Title VII of the Civil Rights Act of 1964. That the employer demonstrates the certain practice or requirement is required by its business entity as a necessity is not necessarily a defense against your claim, according to Title VII, 2000e-2, Section k(2).
Discriminatory Use of Test Scores
Some employers require an applicant to take a test prior to being hired or may require periodic testing during your employment. You must be able to prove that the prospective employer discriminated on a test score by using a different cutoff score, adjusting your test score or altering the results of your test for a reason not to hire you because of your race, color, sex, religion or national creed. By the same token, if you are already employed, and the employer uses test scores for promotions, you must be able to prove the same if you are passed over for a promotion for which you are qualified.
Sex Discrimination
That someone of the opposite sex with less seniority than you, and poor performance reviews gets consistently promoted over you or others of your sex, whether male or female, is discriminatory. You must also be able to prove that you are paid less than a person of the opposite sex in a comparable position, even though your performance rating is higher than the person of the opposite sex, and you have more seniority. Also, because of your sex, you receive fewer promotions, and you wait longer than someone of the opposite sex who is in a comparable position, for a promotion.
Statute of Limitations
In addition to proving discrimination, you must file a claim within the two-year statute of limitations, according to Section 7 of the Civil Rights Act of 1991. The statutes starts running when the first instance of discrimination occurs or "has been applied to affect adversely the person aggrieved, whichever is later."
Proof of such incidents includes documentation of the incidents in question. Documentation should be entered into your personnel file. If your company is large enough to have a Human Resources Department, ensure that you alert it and that the Department files your grievance in your file.
