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Discrimination against others could be considered evidence

In some cases, it can be difficult to prove that a New York company discriminated against an employee due to the employee's age, race, sex or gender. When it comes to glass ceiling or promotion discrimination cases, how the company treated other employees becomes important when trying to prove that the company actively discriminated against the employee.

Some employers may make blatant statements regarding the reasons an employee may not be promoted. If the reasons are due to discrimination, they provide the employee with direct evidence. More often, however, employers are careful not to make these types of statements, causing the employee to have to use circumstantial evidence to prove that the company has discriminatory promotion practices. The most useful evidence is how other employees were treated by the company.

This type of circumstantial evidence may or may not be heard by the jury. In order to be admissible in court, the alleged discriminatory behavior must have occurred close in time to when the alleged incident with the employee occurred. Further, the same managers or supervisors must have been involved in the circumstantial evidence. Finally, the evidence must show that the employee making the allegations was treated the same as the other employees.

Discrimination against employees due to their sex, gender, age, religion or race can have an impact on whether or not they are given the opportunity to move up in the company. If there is evidence that the company discriminates against certain employees, an employment law attorney could help hold the employer responsible by filing a lawsuit. If there is no direct evidence of discrimination available, the attorney may turn to circumstantial evidence that shows that the employer routinely provides advancement or training opportunities to certain employees but not others.

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