Defense Strategies For A Discrimination Case
While you strive to provide a fair working environment for your employees, you might need to discipline or fire an employee who is not contributing to your business. Unfortunately, disgruntled employees can use such acts to file a discrimination case against you.
So, what do you do in such a situation? The best action is to hire a discrimination case attorney to represent you. Here are some strategies the defense attorney can use in your favor.
Poke Holes in the Plaintiff's Argument
The best defense strategy for a discrimination lawsuit by a former or current employee is arguing that the plaintiff doesn't have enough grounds to sustain their accusations. Your discrimination lawyer can prove to the court that the termination or disciplinary action you took against the employee resulted from their misconduct and not their affiliation to a specific class.
For instance, an employee can argue that you terminated their contract because they are from a minority group. However, your lawyer can gather evidence to show that the employee has violated company policy and has received enough warning before their dismissal. You can prove this with official records of their misconduct and the warning letters you've given them over time. These could include the following items:
- Emails, messages, or physical letters
- Recorded phone calls
- Minutes from a disciplinary proceeding against the plaintiff
Your discrimination case lawyer must also prove that all the plaintiff's violations are against company policies. They should also prove that the plaintiff was well aware of the consequences of their actions but continued to violate company policy.
Prove That Your Actions Align With Your Business Goals
An employee might also sue you for discrimination if you dismiss them based on their allegiance to a specific class or group of people. For instance, if you run a female cosmetics company, you'll need female models to showcase your products. You could be more specific and only hire models from a specific age group if you are doing so for legitimate business reasons. Thus, you might need to lay off some models when they do not fit the age specifications.
While such an action may amount to discrimination based on age, you can prove that it's a business move aimed at growing your business. Your discrimination lawyer can argue that using older models to market your products can mislead the target market and harm your brand.
Your lawyer should also provide evidence of the age specifications in company policy and the inclusion of such clauses in the employment contract.
Contact a discrimination lawyer for more information.
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