Lawsuits are unlike many aspects of most people's lives, unless they happen to be attorneys. While you may file a lawsuit on virtually any topic, you are unlikely to be successful if you cannot support your claims with valid evidence.
When discussing employment law issues, such as sex discrimination or retaliation, we often mention the significance of documentation to a case. While the media often likes to highlight what it may view as baseless claims, in reality, there are likely as many or more meritorious claims that are dismissed due to lack of evidence than there are innocent employers forced to pay unfair claims.
In the U.S., a basic tenet of the culture is that we live in a land of opportunity. With that opportunity comes the assumption of fairness. That if you work hard, you will be rewarded for that work. And one of the basic assumptions is that if you do the same work as another person and do it as well, you should be equally well compensated.
In a blog post from earlier this summer, we related some of the singular considerations attached to workplace discrimination against workers with disabilities. We noted in our June 24 post entry that it can be "very easy for an employer to either actively discriminate against [disabled workers] by refusing to hire or promote them for specific jobs or deny them opportunities in more subtle ways."
Employment discrimination is somewhat like the electronic game involving a mole, where every time you hit a mole in a hole, another mole pops up in a different hole. One reason the Civil Rights Act of 1964 has been amended so many times over the last 50 years is that as one area of discrimination is reduced, other types of employment discrimination become more apparent.