If your company faces allegations of discriminating against a current, former, or prospective employee, you need an experienced legal advocate who will protect your business’s interests and reputation.
Mitchell & Sheahan, P.C., serves businesses throughout Connecticut and New York and has a proven record of successfully resolving discrimination cases at the negotiating table, at arbitration, and in court. We focus exclusively on employment law, which gives our attorneys an in-depth insight into discrimination and harassment laws to offer companies tailored defense strategies. Contact us today for a confidential consultation to discuss how our employment discrimination defense lawyers can help you seek a favorable resolution to employees’ allegations.
Types of Employment Discrimination Defense Cases We Handle
At Mitchell & Sheahan, P.C., our employment litigation attorneys can help your company address employee allegations of workplace discrimination involving:
- Race Discrimination – Our firm represents employers accused of discriminating against workers or prospective employees on the basis of race or skin color.
- National Origin Discrimination – We advocate for companies facing allegations of discrimination against workers based solely on their national origin.
- Religious Discrimination – We help employers resolve workers’ religious discrimination claims, including claims of failure to accommodate religious practices (such as waivers from workplace requirements or requests for time off on religious holidays).
- Sex/Gender Discrimination – Our firm helps employers defend against worker discrimination claims based on employees’ sex, gender, gender identity, or gender expression.
- Sexual Orientation Discrimination – We represent employers accused of discriminating against LGBTQIA+ workers or prospective employees.
- Age Discrimination – Our firm defends companies against allegations of discrimination against workers based on age, including claims of failure to hire or promote or disproportionately targeting older workers in layoffs.
- Pregnancy Discrimination – We help companies resolve claims of pregnancy discrimination, including allegations of failure to accommodate (such as not providing federally-protected unpaid leave or not providing private breastfeeding or pumping areas).
- Disability Discrimination – Our litigators defend employers against discrimination and failure-to-accommodate claims brought by workers who suffer from disabilities or perceived disabilities.
- Veterans’ Discrimination – We represent employers facing allegations of discrimination against military veterans, reservists, and National Guard members, including failure to hire or promote or to accommodate active service periods.
Common Legal Defense Strategies Against Employment Discrimination Claims
Defense strategies that employers may use to contest discrimination claims filed by employees include:
- Legitimate, Non-Discriminatory Motive – Many employers contest discrimination allegations by showing that their employment decisions had a legitimate, non-discriminatory motive, such as a worker’s qualifications, work performance, or the company’s economic needs. However, workers can overcome an employer’s non-discriminatory explanation by presenting evidence showing that the explanation was a pretext for discriminatory animus.
- Bona Fide Occupational Qualification – An employer may fight a discrimination claim by showing that it rejected a candidate for a position or role because the candidate failed to meet a bona fide occupational qualification (although such qualifications cannot involve race or color).
- Same-Actor Inference – Employers can contest discrimination allegations by presenting evidence that the same manager or supervisor who allegedly took discriminatory action against a worker had previously taken beneficial action toward them. This may help prove that the adverse actions had a legitimate, non-discriminatory reason.
- After-Acquired Evidence of Misconduct – An employer may limit liability for discrimination with evidence acquired after the accusing employee’s demotion, termination, or other adverse employee action, which proves that the employee had engaged in misconduct that would have justified the adverse employment decision.
What to Do After Employees Accuse Your Company of Workplace Discrimination
When a worker or prospective employee has accused your company of discriminatory behavior, you can reduce the chances of potentially costly litigation and protect your interests and reputation if a legal dispute erupts. Things your company should do after allegations of employment discrimination include preserving company records, including copies of oral or written complaints filed by the employee, correspondence between the employee and their supervisor/manager or human resources, the employee’s personnel file, and documents of any disciplinary or adverse employment actions taken against the worker.
Your company should also contact Mitchell & Sheahan, P.C., as soon as possible to discuss your options, the potential risks posed by the allegations, and the actions your company can take to preserve its interests and reputation.
How Can a Discrimination Defense Lawyer Help Your Company
The legal team at Mitchell & Sheahan, P.C., can help your company reduce the risks of employment discrimination claims or respond to allegations of workplace discrimination filed by employees. Our firm can help develop policies and procedures that can prevent discriminatory actions or effects on workers or quickly respond to employee discrimination complaints, such as:
- Regular review and update of company policies and employee handbooks to bring policies in line with current discrimination and harassment laws and human resources best practices
- Management and employee training programs on diversity and inclusion, discrimination and harassment prevention, and legal compliance
- Procedures that help employees feel comfortable to report concerns or suspected violations.
- Accurate recordkeeping of employment decisions, human resources investigations, and disciplinary proceedings
If your company faces an Equal Employment Opportunity Commission (EEOC) complaint or lawsuit alleging discrimination or harassment of employees, our employment discrimination defense lawyers will stand up for your rights and reputation by:
- Thoroughly investigating the allegations against your company to gather and examine all relevant evidence
- Analyzing the facts and law in the case to evaluate risks and potential outcomes and identify legal strategies tailored to your company’s needs, concerns, and goals
- Pursuing an efficient resolution to the case, whether that means negotiating a settlement or pursuing alternative dispute resolution methods like mediation or arbitration
- Preparing a compelling legal argument to defend your company’s interests if litigation becomes inevitable
- Conducting a post-dispute review of company policies and procedures to prevent future claims or disputes
Contact Mitchell & Sheahan, P.C., Today for a Confidential Consultation
When employees have alleged employment discrimination, workplace harassment, or a hostile work environment, your company needs dedicated, experienced legal representation to defend its reputation and interests. Contact Mitchell & Sheahan, P.C., for an initial case evaluation with a Stratford, CT, employment discrimination defense lawyer. We’re ready to discuss your business’s options for pursuing a favorable resolution to worker discrimination allegations.
Mitchell & Sheahan, based in Stratford, CT, also serves clients in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and New York.