Experienced. Resourceful. Aggressive. Responsive.

Know how to defend against workplace discrimination claims

| Mar 15, 2021 | Employer Concerns |

Over the last several years, there’s been a lot of focus on workplace discrimination. It’s a very real problem that plagues many workplaces. Yet, given the increased attention on this issue many employees erroneously bring racial discrimination claims against their employers. If you’re on the receiving end of these allegations, then you need to make sure that you’re doing what you can to protect yourself and your business.

Defending against racial discrimination claims

There are a lot of things that you can do to avoid and defend against racial discrimination claims. To start, implementing clear anti-discrimination policies can be a good start, and so, too, can training on identifying and avoiding discriminatory behavior. But if you’ve already implemented those practices and are still facing a racial discrimination claim, then you’ll need to take a closer look at the law and apply it to the facts at hand.

Perhaps the best option is to show that you had a non-discriminatory motive in taking the employment action in question. Documentation can be key here. Performance appraisals, emails, and HR complaints can all help illustrate why certain action was taken based on an employees work history rather than his or her status in a protected class.

Another defense option that may come into play in your case is that the policy or practice that is alleged to have a disparate impact in fact advances a legitimate business purpose. Therefore, you’ll want to look at the purpose behind the policy or practice and try to demonstrate that, even though it affects a certain group of people, it was necessary to further business operations.

Aggressively defend your interests

Allegations of workplace discrimination can lead to large judgments and derail your business’s reputation. Therefore, you need to be aggressive in defending yourself. That means knowing the law, gathering evidence, and creating the legal strategy that maximizes your chances of succeeding at trial. Skilled attorneys like those at our law firm stand ready to help craft compelling arguments and diligently work to make your case as strong as possible under the facts. Hopefully then you can succeed in your defense and revert your attention back to where it belongs: your business practices.