Evidence of Social Disadvantage

Individuals can use court or administrative findings of discrimination, statements made under oath to an investigator or in a court or administrative proceeding, and affidavits or statements sworn under oath by an individual owner which have specific recurrent incidents of discrimination or a pattern of discrimination over a significant period of time. Applicant statements alone, without supporting or corroborating evidence will be given less weight than if corroborated. Sworn affidavits or statements from independent third parties, who do not have an interest in or close relationship to the owner, corroborating or supporting assertions made by the owner Statements by relatives or friends of the owner will have less weight than statements by independent third parties. Documentary evidence which corroborates or supports assertions made by an owner regarding specific incidents or a pattern of discrimination. Such documentation includes these items:

  • Personnel records
  • Payroll records
  • Rejection letters on job applications
  • Denials of credit application
  • Documents relating to rejected contract offers, i.e., bid abstracts, solicitations, etc.
  • Contemporaneous records memorializing meetings, conversations, negotiations, telephone calls, etc.
  • Documents setting forth company policy(ies) which are alleged to be discriminatory.
  • Evidence which tends to show generalized patterns of discrimination against a non-designated group or statistical data showing that businesses owned by a specific non-designated group are disproportionately underrepresented in a particular industry may be used to augment an individual’s case. Statistics and generalized patterns are not sufficient by themselves to establish a case of individual social disadvantage. However, an individual’s statement of personal experiences in combination with the generalized evidence may be sufficient to demonstrate social disadvantage.


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