Is Your Company Prepared to Deal with Allegations of Discrimination?
Employees who believe they have faced discrimination in the workplace can file a claim for damages. Employers must be prepared to deal with these claims.
As a business owner, you spend the majority of your time running your business. You do not have the time for lengthy litigation that involves a discrimination claim, and you cannot afford the distraction it will become to your employees as you try to maintain daily operations. While no employee should ever face discrimination in the workplace, many false claims are also submitted every year in California. As such, you need a Murrieta business lawyer who can help you prepare for these allegations.
Preparing a Defense Against Discrimination Allegations
Employees in California, and throughout the rest of the country, have the right to be free from discrimination in the workplace. This means they cannot be fired, or denied employment due to their race, national origin, religion, sex, age, disability, or gender identity. Any employee who feels they have been the victim of discrimination will likely first file a claim against your business with the Equal Employment Opportunity Commission (EEOC). The EEOC will then conduct their own investigation, and it is crucial that you are prepared for this initial step.
Defending against allegations of discrimination begins with your own investigation. During an investigation, a business lawyer will interview key personnel and thoroughly review documents and records pertinent to your business and its anti-discrimination practices. It is always advisable to work with an attorney during this time, as you likely still need to focus on your business, serving your customers, and continuing to make a profit. As an attorney conducts the investigation, they will start building a solid defense for your company.
After a discrimination claim is filed with the EEOC, the case will move into conciliation, which is a form of alternative dispute resolution similar to mediation. During conciliation, you and the employee will meet with officials from the EEOC, and you can also have your legal representation present. Ideally, conciliation will resolve the dispute but when that is not the case, you may have to enter litigation, so it is crucial to have a business attorney working with you from the very beginning.
Avoiding Discrimination Claims
The best way to deal with discrimination claims is to prevent them from occurring in the first place. Policies regarding all areas of employment, from hiring to promoting, and even terminations, should all very clearly state that discrimination will not be tolerated in the workplace. A business lawyer can help employers draft these documents to ensure they are protected.
Our California Business Lawyers Will Defend Your Case
It is important that employees in California have a way to fight against discrimination in the workplace, but not all claims filed are true. If an employee has wrongfully filed a claim against your business, our Murrieta business lawyers at Gibbs & Fuerst, LLP, are here to help. We know how to conduct an investigation to collect evidence that fights back against false accusations of discrimination.
Serving the San Diego, Temecula, Riverside and San Bernardino areas of Southern California
Call our Murrieta office at 951-816-3435 or our San Diego office at 619-702-3505 for a free consultation. You can also contact us online at any time and a lawyer from our office will call or respond to your e-mail soon.