Workplace discrimination cases often come down to the evidence a person can provide to support their claims. While direct evidence—such as an employer openly stating they are firing someone due to their race, age, gender, or other protected characteristic—is rare, circumstantial evidence in discrimination cases plays a critical role. Understanding what is considered circumstantial evidence can help you present a strong claim.

Understanding Circumstantial Evidence in Discrimination Cases

Circumstantial evidence does not directly prove discrimination but instead allows a reasonable person to infer that discrimination occurred. Courts consider this type of evidence when direct proof is unavailable, which is common in employment cases. If you suspect you have been treated unfairly at work, gathering circumstantial evidence in Ohio can support your case.

Examples of circumstantial evidence include:

• Patterns of behavior: If an employer consistently terminates older employees while keeping younger, less experienced workers, this could suggest age discrimination.
• Shifting justifications: If an employer gives different reasons for firing an employee at different times, it may indicate that the real motive was unlawful discrimination.
• Unequal treatment: If an employer enforces policies inconsistently—such as punishing employees of one race for minor infractions while overlooking the same behavior from others—it could be circumstantial evidence of bias.
• Failure to follow company policy: If an employer selectively applies disciplinary measures or promotion criteria, it can signal discriminatory intent.
• Exclusion from meetings or opportunities: If an employer repeatedly excludes employees of a certain demographic from important meetings or projects, this pattern can serve as circumstantial evidence.

How Circumstantial Evidence Builds a Discrimination Case

Because workplace discrimination is often subtle, cases typically rely on multiple pieces of circumstantial evidence to establish a pattern. Courts will examine all evidence together rather than relying on a single piece. The stronger the pattern, the more persuasive the argument.

Common types of circumstantial evidence include:

• Comparative Evidence: Showing that an employer treated employees of different backgrounds unequally for the same conduct.
• Company Policies and Practices: Demonstrating that certain policies disproportionately harm a protected group.
• Witness Testimony: Statements from coworkers who noticed discriminatory treatment or inconsistencies in how policies were applied.
• Employment Records: Performance reviews, disciplinary records, or promotion history that highlight disparities in treatment.
• Statistical Evidence: Data showing a pattern of discrimination within a company, such as significantly lower promotion rates for a certain group.
• Retaliation for Complaints: If an employee faces negative consequences after reporting discrimination, it may indicate an employer’s intent to suppress claims.

While this evidence does not provide direct proof, it helps establish that discrimination is the most likely explanation for an employer’s actions. Courts often view multiple factors together to determine whether discrimination took place.

Steps to Strengthen Your Case

If you believe you have experienced workplace discrimination, focusing on facts is essential. Keep detailed records of interactions, emails, performance reviews, and any relevant company policies. Document patterns of unfair treatment and collect statements from colleagues who may have witnessed discriminatory actions.

Tips for Documenting Circumstantial Evidence:

• Keep a journal of discriminatory incidents, noting dates, times, and involved parties.
• Save emails, memos, and text messages that suggest unfair treatment or shifting justifications.
• Obtain copies of workplace policies and compare them to how they are enforced.
• Track performance evaluations to identify inconsistencies in employer feedback.
• Request written explanations for disciplinary actions or employment decisions whenever possible.
• Gather witness statements from colleagues who have observed discrimination or retaliation.

Rather than trying to determine what is circumstantial evidence on your own, consult with a legal professional who can assess your case. An employment lawyer can help you organize your evidence, determine its strength, and guide you through the legal process.

Legal Protections for Employees in Ohio

If you believe you have been discriminated against, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC). An employment lawyer can help you determine the best course of action and ensure you meet all deadlines for filing a claim.

Workplace discrimination cases can be complex, but you do not have to navigate them alone. At Lalak LLC, we help employees understand their rights and take action against unfair treatment. If you need guidance on circumstantial evidence in Ohio, contact us today for a consultation. Let’s work together to ensure your story is heard and your rights are protected.