While researching cases regarding Title VII race-based discrimination, it seems as though they are extremely hard to win. There are instances where the occurrence is morally wrong but legal. What a plaintiff should do in this case is understand what is illegal and what is not. For example, hiring for cultural fit; even though that “cultural fit” can be highly visible the employer can cite that the applicant did not exude the same characteristics to match the culture of the company and/or department. Finding enough evidence to file an EEOC complaint citing Title VII for this example will be hard. However, there may be a possibility that the person who was hired makes a long-drawn-out post on LinkedIn about their interview and experience with the hiring team while giving out background information about themselves. This information may be used as a basis for the applicant’s claim. Let’s just keep our fingers crossed that the recruiter and/or hiring team makes a post as well detailing the candidate’s experience or lack thereof and lateness but gives them a chance anyway!
What type of evidence could be used to support a discrimination claim? Establishing credibility is the most important thing the applicant/employee can do. It is key to come across as extremely credible to a judge or jury. Direct evidence proves something that did or did not happen; this proof can be in the form of testimonials, written, or historical. DOCUMENT, DOCUMENT, DOCUMENT!
Why So Difficult?!?! © 2023 by Osha Stevenson is licensed under CC BY 4.0