What Are The Three Defenses To Claims Of Employment Discrimination?

September 21, 2020 Off By Glespynorson

Every organization must be prepared to defend its termination practices should they ever require justification. Of course, reasons for discharging employees can vary. Performance issues, productivity deficits, or downsizing the company all legitimize actions that may result in termination.

Unfortunately, a solitary employee or a group of terminated employees may deem the dismissal unfair or unlawful and may then choose to take legal action. In some of these instances, the result is a discrimination lawsuit against the employer which alleges malpractice. In such delicate situations, employers need specialized and experienced legal aid and should seek the services of lawyers trained in affirmative defenses in employment discrimination cases.

Effective Measures To Thwart The Employment Discrimination Lawsuits

The discrimination lawsuits filed by terminated employees may prove costly for the supervising employee as well as the entire company. Such lawsuits attract unwanted media attention and ultimately tarnish the image of the company. Accordingly, employers should implement defensive measures for thwarting the discrimination claims filed by the terminated employees. These proactive steps will enhance the chances of the company’s winning the legal battle as well as discouraging additional employees from filing such lawsuits in the future.

There are three tried and tested defensive measures to counter employer discrimination lawsuits:

Company’s Internal Policies and Procedures – Beginning with the date of employment, all employees must be trained thoroughly regarding the important policies and procedures of the company. Of course, these policies will vary from one company to another. Employers have to ensure that every employee, regardless of position, is made aware of company policies. With this in mind, it is advisable to design the new employee orientation program with a focus on such policies.
Documentation – For fighting discrimination lawsuits, nothing works better than carefully documented records and digital files that contain performance details of the employees. Employers must have policies to keep a thorough record of the performance and activities of individual employees in the workplace. Documented evidence of wrongful behavior of an employee empowers the company to terminate him/her on valid grounds. Also, if an employee keeps underperforming consistently, despite being given abundant chances, the employer can justify the decision to terminate. Manual entries, as well as observations and digital surveillance records, come in handy in this regard.
Seniority and Qualification – Not all cases of employment discrimination lawsuits are related to the termination of service. Sometimes, disgruntled employees file discrimination lawsuits against the employers as they feel some other colleagues have unfairly received a pay increase or a promotion. That is why company management needs to keep records of individual employee’s qualifications and evidence of workplace expertise. These reports can be produced to prove the rationale for any raise or promotion decisions.

Summing It All Up

To bolster your chances of winning a lawsuit filed under employment discrimination, you will need the guidance of a suitable lawyer or law firm in Atlanta, Georgia. If you are looking for a reliable and experienced defense attorney to handle your case, you can contact the following law firms:

Matthew Haan– Attorney at Law 191 Peachtree Street NE Suite 2900, Atlanta, GA 30303-1775