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Employee discrimination is a legal concept that is distinct from harassment and retaliation, although claims for discrimination often have harassment and retaliation sister claims. Cases against employee discrimination can be brought with either direct evidence or circumstantial evidence. While not unheard of, these days most employers who unlawfully discriminate do not leave direct evidence around.
To find discriminatory motive where no direct evidence exists, courts will first see if the employee or job applicant suffered an adverse employment action and belongs to a protected class. Courts will not look to whether the business decision was reasonable or made good business sense, only that it was legitimate, meaning the reason was not a lie.


Discrimination is when an employee is singled out for different treatment because of an inalienable quality. For example, even racist executives generally won’t send an email to human resources instructing them to not hire applicants from a particular country or pay women less.
Then, the burden shifts to the employer to present evidence that the adverse employment action was taken for “legitimate” business reasons. The employee or job applicant then has to prove the reason the employer provided was not legitimate, or more commonly known as a lie. In order to post comments, please make sure JavaScript and Cookies are enabled, and reload the page. A presumption can then be made that if the employer is willing to lie about the reason for the adverse employment action, the actual reason is probably unlawfully employee discrimination.
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