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You should be smart enough not to illegally discriminate against your employees or allow others to discriminate against them for many reasons, including you could get sued, and it could cost you a lot of money. If, after an investigation, you find the person accused of discrimination did so and discipline them, they may sue you instead. This would be considered a reverse discrimination lawsuit.
Anti-Discrimination Policies And Practices
You should have a company policy forbidding illegal discrimination and train your employees on what it is and how to avoid it. You should also investigate internal discrimination claims fairly and thoroughly. Ideally, the person doing this will work in human resources and be trained to do this, or you should hire an outside consultant or law firm to investigate what happened.
This is a sensible approach and will help you if a discrimination claim results in a lawsuit and goes to trial. If you use these good-faith approaches, they will be an affirmative defense. It may result in legal claims being dismissed or in greatly reduced damages if you’re found liable.
An Employee Claims They’re The Victim Of Discrimination. What Should You Do?
Assuming the two aren’t of the same protected bases (sex, race, religion, disability, etc.), you should investigate the allegations completely and without showing favor.
- Has the employee provided evidence?
- If so, are their statements and other evidence credible or contradictory and vague? If biased remarks or harassment are claimed, are there witnesses?
- If they are in texts or emails, can they be obtained?
- If the issue is a failure to promote or a disciplinary action, what evidence shows that bias may or may not have played a role?
- How has the decision-maker handled these situations with other employees of the same and different protected bases?
- Is there a consistent pattern of poor treatment of the employee’s protected basis, or is it a mixed picture?
- Do they discipline and promote those of the employee’s protected basis?
- Do they discipline workers of different protected bases?
What did you find?
- No credible evidence of discrimination?
- Credible evidence the accused discriminated against the worker in violation of your policies?
If there’s no such evidence and don’t discipline the accused, they will feel vindicated. The accuser may or may not accept your findings. If not, you may be accused of discrimination (or at least of doing a terrible job of investigation).
If you discipline the accused anyway, they may accuse you of reverse discrimination against them since you’re showing favoritism to someone not of their protected basis and bias against them due to their protected basis. If the discipline results in an adverse employment action (there’s some material, tangible harm to their terms and conditions of employment), it may be the basis of a complaint to a government agency that enforces discrimination laws or a lawsuit.
If there’s credible evidence of discrimination, but you don’t discipline the accused, or your discipline is a “slap on the wrist,” the accuser could have a valid discrimination complaint against you for enabling, if not encouraging, discrimination. You risk the accused claiming you’re biased if there’s substantial discipline.
As you can see, discrimination claims can leave a tangled web. If an employment discrimination issue arises in your company, be proactive by contacting our Newport, CA business litigation lawyer. Handle the situation as well as you can to reduce the chances of anyone suing you, or if you do get sued, you’ll have an effective defense. Schedule a consultation with Focus Law LA today and gain the legal clarity you deserve.
