In order to win an EEO case, the employee must prove that the lost opportunity was due to unlawful discrimination. One proves a case by providing evidence.
There are two types of evidence:
DIRECT EVIDENCE
INDIRECT EVIDENCE
(also called circumstantial).
Direct evidence is the most powerful evidence and is often analogized to a smoking gun. Such
evidence of unlawful discrimination would include statements of hostility toward a protected class
(race, color, sex, etc.), such as “I didn’t think a woman (or a person with a disability) could do that
job,” or a slur. If an employee has credible direct evidence, he or she may win the case based on
that alone. Without direct evidence, however, an employee may provide indirect or circumstantial
evidence to prove disparate treatment or disparate impact.
