What does AJ consider substantial evidence?

The only way to win your EEOC claim is with substantial evidence. The more evidence you have of a discrimination, the better chance you have of first getting your EEOC claim approved and second of actually winning an award for proof that a discrimination was done.

Pursuant to 29 C.F.R. § 1614.405(a), all post-hearing factual findings by an Administrative Judge will be upheld if supported by substantial evidence in the record.  Substantial evidence is defined as “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”  Universal Camera Corp. v. National Labor Relations Board, 340 U.S. 474, 477 (1951) (citation omitted).  A finding that discriminatory intent did or did not exist is a factual finding. See Pullman-Standard Co. v. Swint, 456 U.S. 273, 293 (1982).