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[–] BLUFALCON78 0 points 3 points (+3|-0) ago 

OP said he was rated low and only verbally told it was because they are white. Hard to prove that happened.

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[–] zambeezy 0 points 1 point (+1|-0) ago 

Oh I must have missed that in his post. Yeah that would be impossible to prove in court.

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[–] BLUFALCON78 0 points 1 point (+1|-0) ago 

What OP can do is ask them to put in writing why they were rated low so when they improve that reason and still rate low they can be called bullshit.

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[–] 2012344? ago  (edited ago)

No, it's not that hard prove. He said he got a low rating on his performance review which was in writing. He was told verbally that it was because he was white. If an attorney took the case he is going to have a lot of tools at his disposal to show that it is more likely than not that OP's side of the story is true. Remember, you start at he said/she said 50/50. Assuming OP's story is true, without a massive cover-up depositions, e-discovery, witness interviews, etc. should easily be enough to push that to 51%; and with a massive cover-up, all the missing documentation would be persuasive. It would likely settle long before going to trial anyway. OP needs to talk to a civil rights or employment lawyer.

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[–] BLUFALCON78 ago 

That's not really proof though. You're just getting a majority of people to believe OP's side of the story. However, I will notice that is what is important. You just have to make the majority believe you.