How does the EEOC prove discrimination?
The EEOC can win a discrimination suit by proving that an employee was • a member of a “protected class” • qualified for the job • terminated, demoted, held back because he or she is a member of the protected class; and • damaged by that discrimination (i.e., lost wages or suffered emotionally) The EEOC must prove each of these elements to win a discrimination suit.
The EEOC can win a discrimination suit by proving that an employee was • a member of a “protected class” • qualified for the job • terminated, demoted or denied a promotion because he or she is a member of the protected class; and • damaged by that discrimination (i.e., lost wages or suffered emotionally) The EEOC must prove each of these elements to win a discrimination suit. Proving the third element of a discrimination claim, that the employer took the adverse action because the employee is in the protected class, requires evidence of motive, which is invisible. The U.S. Supreme Court therefore allows discrimination victims to use a “prima facie case” and “pretext” evidence to reveal an employer’s discriminatory motive.
