How can one collect evidence to prove ageism in the workplace?
What is the evidence?
The Tribunal decides based on the facts both sides present. The Tribunal weighs the facts, reliability, and relevance of the case. A crucial part of the Tribunal’s job is finding the facts and deciding on whether discrimination has happened or not. The facts are proved by evidence in two forms, oral and documentary. Documentary evidence includes written records, photographic, electronic, or physical evidence such as letters, Emails, etc. if the evidence is related to the case, the Tribunal allows the parties to give the evidence. See the HRLSC’s Information Sheet on Disclosure and the Applicant’s Guide to Preparing for a Hearing for more information.
What if there is no evidence to prove discrimination directly? What is circumstantial evidence?
Applications cannot always show that their race or other cases in Code was a reason they were treated negatively, which is also named as “circumstantial” evidence. Circumstantial evidence cases are more difficult for the Tribunal since they need reasoning to prove a fact.
Circumstantial evidence related to facts or events may prove that discrimination was a factor in the adverse treatment. By the evidence, an applicant can prove discrimination has occurred. The Tribunal must decide from the oral and documentary evidence.
It can conclude from the factual finding that the applicant has faced discrimination. The Tribunal considers the facts both from the applicant and respondent. The respondent often presents witnesses and documents to prove a non-discriminatory explanation for the adverse treatment. An applicant must show enough evidence to support The Tribunal that you were poorly treated. All the facts and circumstances pointing to discrimination must be considered in preparing the case. The final decision by Tribunal is whether the evidence is more likely than not that the applicant was treated negatively because of Code-protected personal characteristics.
If you want to prove age discrimination in the workplace, you’d need at least the following:
• Show you have the same degree of technical ability/experience as your colleague (with clearly described relevant examples)
• Discover other aspects of the job where your skills and experience make you a better alternative.
• Show your age was at least one of the grounds for your rejection and that this was discriminating.
To accomplish the first two points mentioned above, you should learn about your colleague’s relevant job experience and credentials. Be careful not to touch the confidential information you shouldn’t access. Compared to your colleague’s session, it’s also a good idea to ask for specific feedback on your interview.
To prove and provide evidence that your rejection was because of your age, you can also:
• Submit a subject access request
A subject access request would compel your employer to give all documents/records related to you in any form. The purpose of filing is to uncover some age discriminating communications between the managers who received your application.
• Make use of a discrimination questionnaire.
It’ll allow you to ask your employer questions concerning possible age discrimination towards you.
• Obtain witness evidence
You may be able to get witness evidence from someone who has seen written sources, remember overhearing the talks regarding your application or previous incidents of age discrimination toward you, and is ready to offer a written statement of what they have witnessed. Collecting documented witness evidence is, unfortunately, easier said than done. That’s because most witnesses don’t want to confirm what they’ve seen, mainly due to the fear of being victimized by employers.
The only evidence you can collect is by documentation of conversations and incidences. Keep a record and write the names of anyone involved, like the associate or manager who harassed you by what they said or did. Write how the discrimination affected you, for example, the emotional effect of being harassed or missing out on a promotion. Look for proof on social media if you use it to communicate with people from work. For instance, a threatening or insulting message on Facebook could be proof of discrimination. Print out the notes if possible, and take a picture or screenshot. When you’ve determined your claims and evidence, you can complain to your employer about it, either informally or by submitting a grievance or complain to a tribunal. Keep receipts for extra expenses, like interview costs if you were dismissed and had been looking for a job. Ask for help; depending on how much you trust your co-workers, you could ask them if they have noticed it and include their name in your documentation.
You can record the conversation you’re participating in, which is called “single party consent.” Although you have the right to record the conversations you’re a part of, you’ll have to get the written permission of everyone participating in the exchanges to record them, defeating the whole purpose because everyone will talk carefully. Make sure to keep track of every negative and ageism-related behaviours you face in your workplace, preferably in a journal with details like date, person, the topic of conversation, and the actual negative or ageism-related comment. After collecting the needed evidence, you may proceed with the right actions (based on your area) to prove ageism in your working space. This task can take a lot of energy and time, but we encourage you to take the needed actions to stand up for yourself and prevent this type of discrimination in your workplace in the future.
