Law Office of Jeffrey D. Fulton

What evidence is needed to prove discrimination?

Discrimination claims in California can often be difficult to prove. The legal system tried very hard to ensure both sides are given fair consideration and opportunity to prove their cases. This means you need to be able to provide adequate proof that discrimination occurred. The law has strict standards as to what burden of proof must be met.

According to the Department of Justice, you are protected against discrimination due to your religion, ethnicity, race, gender, sexual orientation or disability. When you make a claim of discrimination, though, you are subject to the general rules of the legal system, which say you must prove your case using evidence. This helps to prevent people from making false claims. However, it also can make it difficult to prove your case since some discrimination is done very subtly or in a way that is hard to prove. To help, the courts have outlined the specific types of evidence you may provide in court.

Statistical evidence is often used in conjunction with other evidence to show the likelihood of discrimination occurring. Direct evidence is the strongest proof you can provide. It shows exact evidence of the situation and circumstances, but it is tough to get. Circumstantial evidence is more common and involves things that help to show discrimination likely happened without showing direct proof they did happen. Circumstantial evidence is often used in many other types of cases as well. It works best if there is a lot of circumstantial evidence because the chances that there would be so much evidence and the discrimination did not occur are much slimmer than if there are just one or two pieces of evidence that really could have just been a coincidence. This information is only intended to educate and should not be interpreted as legal advice.


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