Are You Being Accused of Discrimination?
Running your own business can be tough. You have to make sure everything is going smoothly, that you are well stocked, and that your employees are productive and happy. But what happens when one of your employees isn’t meeting demand, and you have to let them go? Even worse, what if they start throwing around words like “racism” and “discrimination?”
A discrimination suit can be costly. Even worse, the mere utterance of “racist” or “discrimination” can already sway public opinion and cut into your profits without ever getting a chance to defend yourself or your company.
Let’s look at what you should do if you are accused of employment discrimination and what your best legal defenses are should you find yourself in court.
What is Employment Discrimination?
According to USA.gov, employment discrimination, or discrimination at work, is defined as when an employer treats an employee or job applicant unfairly because of their race, color, religion, sex, national origin, age, disability, or genetic information.
While this may sound incredibly vague, like anyone would be able to say their employer is picking on them for a reason other than their work ethic, they would need to prove that the unfair treatment is because of one of the above factors.
The U.S. Equal Employment Opportunity Commission further expounds on this by adding that EEOC laws protect you from employment discrimination when:
- Someone is treated unfairly because of their race, color, religion, etc.
- Someone is harassed by their managers, co-workers, or others at their workplace because of their race, color, religion, etc.
- An employer denies reasonable workplace change to accommodate religious beliefs or disability.
- They ask you improper questions regarding a person’s genetic information or medical information.
- An employer retaliates because of a complaint about job discrimination or assists with job discrimination proceedings, such as an investigation or lawsuit.
This narrows down the scope of what is considered grounds for discrimination claims in the workplace.
What to Do If Accused of Employment Discrimination
People will come up with any excuse to avoid accountability for their actions or laziness. This can start well before termination is on the table. The mere act of pointing out someone’s workplace flaws can make them feel like they are being picked on. How is an employer supposed to put facts before emotion, and what should they do if they are accused of workplace discrimination?
Some things you can do if you are being accused of discrimination that is not yet a legal accusation:
- Ask the employee why they believe they are being treated differently than other employees.
- Ask them to identify other employees who are being treated better than them.
- Meet with the managers involved in any disciplinary actions and have them explain the disciplinary action imposed on the employee in question.
- Have any managers involved in the disciplinary process explain the reasoning behind their actions? Including why any other employees may have been treated better than any other employees who committed similar infractions.
- Determine whether or not the disciplinary action was consistent.
- If employees who committed a similar infraction were treated differently than the complainant.
- Were infractions similar? Example: was the setting similar to this infraction? Were there customers present for the infraction?
- Why were other employees treated differently than the complainant?
- If you determine that the punishment was warranted, then explain to the employee why the punishment was administered. Explain the chain of events, your investigation of their complaint, and why you have determined their punishment was not discriminatory.
- Keep extensive documentation of your investigation and any other corrective or preventative action taken.
If the person accusing you of discrimination says they plan to take legal action or alludes to speaking with an attorney, it is usually best to stop trying to defend yourself and reason with them. If they say they have an attorney, ask for their information.
What Are Common Defenses When Being Accused of Discrimination?
Here are a few legal defenses that may be useful if you find yourself facing a discrimination case.
Bona Fide Occupational Qualification
This is one of the most common legal defenses used in employment discrimination cases. This defense applies when an employer can show that certain protected characteristics are essential or necessary for the performance of a specific job.
Business Necessity
This defense applies when you can show that a policy or practice that has a disparate impact on a protected group is justified by a legitimate business goal. This is most common in an employer requiring employees to be able to lift up to a certain weight.
Same-Actor Interference
Often, if the same person who hired, promoted, or praised the complainant was also the person to fire, demote, or punish the complainant, you can use a defense called “same-actor interference.” It is also effective when the person who hired and then subsequently fired or punished the complainant shared a protected class with that person; for example, both are over 40 or both are the same race.
When Should You Hire a Lawyer When Dealing With a Discrimination Claim?
If your company does not have a legal department when you receive a claim of discrimination, then it is likely in your best interest to start consulting with counsel as soon as possible. Don’t give the complainant time to build their case while you sit on your hands. Get in touch with an employment law attorney.
This is the first step in building a solid case to show that you do not discriminate and your business is a safe place for all employees!
Call 630-394-6350 to set up your free consultation with the Atlas Law Center.
