Documenting Discrimination
Before the LFUCHRC can conclude that you were discriminated
against, it would need proof that:
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You were treated differently than someone of a
different race, color, sex, age, national origin, religion, or sexual
orientation/gender identity. The HRC will expect you to know
something about the person whom you believe was treated more favorably
than you. Usually, you should be able to provide the person's name,
their race, sex, approximate age, or other appropriate characteristic
related to the legal coverage and where they worked, who their
supervisor was, and the job they performed. |
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Someone who is very similar to you in position, rank,
or job duties, and who is of a different sex, race, etc. was treated more
favorably under similar circumstances. When looking at the
person you believe was treated more favorably than you, HRC will want to
know whether that person worked under the same rules and regulations that
you did. |
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There was no legitimate, nondiscriminatory reason why
the Respondent treated you differently. Once you have identified
the person or persons whom you believe was treated more favorably than
you, HRC will want to know whether there may have been some reason other
than sex, race, color, national origin, religion, age or sexual
orientation/gender identity that might have caused the employer to treat
this person more favorably. |
In addition, if your basis is disability, under employment
law, the first item and two or more of the other items below must be
established, depending upon the nature of the allegation.
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That you are a "Qualified Individual with a
Disability." The ADA and Ordinance 199-94 are very specific
about what it takes for a person to be covered by the law - you must be
able to perform the essential functions of the job, either with or without
an accommodation. You must have a medical condition that
substantially limits one or more of you major life activities. The
impairment to your major life activity must be substantial, and of
significant duration. Mitigating measures that control or eliminate
symptoms or limitation of the impairment must be considered when
determining whether an individual has a disability under these laws.
If the impairment created by your disability is not readily apparent, HRC
will need verification from your physician as to the nature, extent, and
duration of your disability. This documentation should be presented
at the time you file a charge. |
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The employer knew about your disability. In
order to take an action because of a disability, it is obvious that the
employer must know a disability exists. Usually, the employer will
know because you tell them; your medical records contain information about
your disability; or you were injured on the job. You should be able
to provide HRC information to establish that the employer knew about your
disability. |
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The employer thought you had a disability, when you did
not. This extends to people who believe they have been
discriminated against because of their association with a disabled person. |
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You have a record of disability. Even if the
employer knew, or thought it knew that you had a disability, that is not
enough to prove that the employment action taken against you was for this
reason. There would have to be independent testimony or record that
would establish the reason for the action. |
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The employer denied you a reasonable accommodation,
after you let it be known one was needed. An individual with a
disability has an obligation to let the employer know that they need an
accommodation, and the employer has an obligation to provide a
"reasonable" accommodation. You may also advise your
employer as to what kind of accommodation you believe would be the most
suitable for your condition. However, an accommodation can be
considered "reasonable" even though it may not be the exact
accommodation you requested. |
Types of Evidence
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Testimony: Testimony is simply a statement taken
from someone who would be in a position to have first hand knowledge about
what happened to you. "Second-hand" information, or
"hearsay" information is not as good as first hand information,
but it can be useful in certain circumstances. If you know someone
whom you believe knows what happened to you, and is willing to tell the
HRC about it, then you should provide the HRC with their name, position,
home phone and address, and let the HRC know what that person can say that
will support your charge. |
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Documents: This category includes any record
that is written such as policies, procedures, letters, hand written notes,
files and so on. It also includes computer disks and tapes, and
other types of recordings. If you have any document in your
possession which would support your claim, you should provide that to the
HRC. If you know of any document such as a record of attendance, a
production report, etc., that the employer has that would support your
charge, you should tell the HRC. |
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Statistical: In certain cases, the HRC will
look at the impact that a particular employment policy or decision has on
others in your particular group, and compare that with how the policy
affected members of a different group. For example, in a layoff, the
HRC might look at the age of everyone who was laid off. Statistical
proof must meet certain scientific standards, and cannot be used in all
situations. |
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