Attorney
An allegation of discriminatory workplace conduct could deplete precious company resources, depress morale and productivity, lead to potentially significant penalties and court damages, and inflict irreversible reputational harm on the company. This is the potential outcome even if the claim that has been made against your company is baseless.
The Stratford employment law firm of Mitchell, Sheahan & Slippen, P.C. works hard to defend employers who have been accused of discrimination. We can advise you on how to respond to these claims, practices you can adopt to minimize liability, and potential defense strategies.
Answering an Employment Discrimination Claim
In most cases, an employee who believes they have been illegally discriminated against must first pursue an administrative claim with the federal Equal Employment Opportunity Commission (EEOC) and/or the Connecticut Commission on Human Rights and Opportunities (CHRO). They often file claims with both agencies, a prerequisite to filing a civil lawsuit. The respective agencies will investigate the claims, request a response from the employer, and then determine whether the case has merit.
It is imperative that the employer responds promptly to any EEOC or CHRO communications. If you’re a Stratford employer who has received any sort of discrimination claim from an employee (either formally through an agency or informally from the employee), take the following steps:
- Speak with an employment discrimination defense attorney immediately: You should take any employee grievance seriously, as it could escalate to the point of a lawsuit if the EEOC or CHRO believes the claim has merit and it cannot be resolved administratively.
- Conduct a thorough investigation: Start investigating the factual claims that the employee has made and do whatever you can to obtain copies of relevant documents such as emails or other written correspondence your company sent the employee.
- Review your policies and procedures: Take a close look at your company’s policies and procedures to determine whether the employee followed all necessary protocols in making their complaint and whether the company itself may have made any mistakes in handling it.
- Be prompt in your response: Work with your attorney to respond promptly to the claim and turn over any additional correspondence to your attorney.
Minimizing the Risk of Discrimination Complaints
Whether or not someone has ever complained about discrimination in your Stratford workplace, the best way to minimize liability is to take a proactive approach. These are some ways to comply with the law and limit your legal exposure:
- Have an attorney review your business: Our experienced employer defense law firm can conduct a comprehensive review of your business operations and review and remedy any legal compliance issues.
- Adopt or update policies and procedures: Having updated, comprehensive workplace policies and procedures can help avoid workplace conduct that is likely to give rise to a discrimination claim. We can help you adopt or update a policies and procedures manual.
- Train your workforce: Everyone from management down to rank-and file employees should be trained concerning anti-discrimination laws, how to avoid engaging in discriminatory conduct, and what to do if such activity occurs.
- Partner with a seasoned employment law firm: Employment laws and regulations are constantly changing, and so is your business, but working closely with a knowledgeable employment law firm can keep your organization in compliance.
Possible Ways to Defend Against the Discrimination Claim
Depending on the facts in your case, you may be able to raise the following defenses (among others) to a Connecticut or federal employment discrimination claim:
- Bona Fide Occupational Qualification (BFOQ): In limited cases, an employer can refuse to hire a member of a protected class if a specific skill or protected class is necessary to do the job.
- Business necessity: A particular job position may require certain skills that not everyone has. Although an aggrieved person may claim this has a discriminatory impact, insistence that the job applicant possess these skills could be a business necessity.
- Failure to meet job requirements: If an individual was terminated or disciplined for failing to meet the demands of their position, then this fact could undermine any alleged discriminatory intent.
- Legitimate termination or discipline: Your company may have fired or disciplined the employee for a valid reason such as theft or creating an unsafe work environment.
- Legal or regulatory compliance: Some restrictions imposed upon employees are necessary to comply with the law or applicable regulations, not as a means of discriminating against them.
- Seniority and merit: Companies can make certain decisions, like promotions, based on seniority or merit. As long as the necessary criteria are standardized and fair, the discrimination complaint will likely not hold up.
Making Your Best Case in Response to Discrimination Claims
Regardless of the type of discrimination claim made against your company, Mitchell, Sheahan & Slippen, P.C. is here to help. We can represent you in your dealings with administrative bodies like the EEOC, during alternative dispute resolution procedures like mediation, and in court. Find out why Stratford employers trust our guidance by completing our online contact form today.