How to prove discrimination?
Whatever the area in which it is felt, or the criteria that induces it, the discrimination is very difficult to prove. The key to know how to proceed.
Provide evidence of discrimination
Proving discrimination is particularly difficult because the author expresses rarely in front of witnesses or in writing the reasons that led him to discriminate. However, this evidence is crucial to obtain a conviction, damages or other relief.
An individual victim of discrimination may apply to several institutions:
- The victim of discrimination may file a complaint at a police station. In this case, the procedure will depend on the criminal court;
- Under the work, the employee must present to the Court of the arbitration of the elements letting suppose the existence of a discrimination;
- A discriminated person can appeal to the HALDE (High Authority against Discrimination and for Equality). This authority is intended to help the victims of discrimination in their efforts.
The test of situation
The situation test, or testing, is considered in the Penal Code as a legal process of proving discrimination.
This involves, for example, to send two CV to an employer by varying, in addition to the name and the picture:
- place of residence;
- or disability.
If the employer’s reaction is not the same in both cases, it is possible to highlight discrimination. This procedure can also be applied in the search for housing, at the entrance to a nightclub, etc..