Staying On The Right Side Of The Law

How Hard Is Proving Gender or Sexual Orientation Discrimination?

Discrimination based on gender identity or sexual orientation can be a hard problem to address. You are right to wonder how hard it can be for a gender discrimination attorney to prove a case. Let's look at what makes a case easier or harder to tackle.

Overt Statements

Folks who discriminate in the modern world are often aware of the potential legal ramifications. That has the side effect of making many of them less willing to overtly put their conduct on the record.

If someone has said something that feels like discrimination, the important thing is to preserve it in the best manner possible. A statement made on paper or electronically is perfect evidence. If the defendant said something and you recorded it, that's good evidence as well.

Even if all you have is your recollection of what happened, make notes ASAP. Include the gist of the conversation and the names of any witnesses. A sexual orientation discrimination attorney can then work from the notes to do interviews and look for more evidence.


Much of today's discriminatory conduct operates below the surface. That means a lawyer has to look for patterns that reflect the discrimination. For example, an sexual orientation discrimination attorney might look at how job assignments are assigned to demonstrate that bosses conferred favored work on employees of specific backgrounds. The same approach may turn up patterns related to hiring, firing, transfers, vacation scheduling, and even medical benefits.

Frequently, a gender discrimination attorney will demand records during the discovery process. This allows them to look for employees who fit the discriminatory pattern and see what became of them. If it was common for a business to assign LGBTQ workers into drudgery jobs, for example, that pattern might emerge from the company's records.

Legally Harmful

The law requires some form of demonstrable harm for a case to proceed. Fortunately for plaintiffs, the law also uses a fairly wide definition of what counts as harmful. If someone is kept at the same pay but given an undesirable assignment, for example, that's potentially harmful in the eyes of the law. People have a right to career prospects that are similar to those of others who have roughly equivalent talents and experience. If you feel you have been legally harmed or kept from certain job opportunities, discuss your case with a gender or sexual orientation discrimination attorney today. They'll answer your questions and help you if they can.