There has probably never been a time in history where it has been more difficult to own and operate a business. Yes, the technology has improved and many processes are so much easier and much more cost-effective. However, it seems as though owners and directors are constantly looking over their shoulders to see where the next lawsuit will come from. Needless to say, workplace discrimination is the most common lawsuit businesses face today.
Consider for a moment the wisdom in the old adage, ‘an ounce of prevention is worth a pound of cure’. If you are among a growing number of business owners tired of being brought to court for every presumed offense, wouldn’t it be better understanding workplace discrimination and retaliation and how to prevent it?
Laws Governing Workplace Discrimination
There are so many laws regarding workers’ rights that it is often difficult to fully understand exactly what those rights are and at what point your actions may be construed as stepping over the line. There are actually five pieces of legislation to be concerned with which are:
- Civil Rights Act: Title 7
- Age Discrimination in Employment Act
- Americans with Disabilities Act: Title 1
- Pregnancy Discrimination Act
- Equal Pay Act
These are fairly self-explanatory up to a point. While all, if not most, business owners know that you cannot discriminate in the workplace based on race, color, religion, national origin, or sex, that is just the beginning and has been fully detailed in Title 7 of the Civil Rights Act. However, what about the other four areas concerning age, disabilities, pregnancy, and equal pay?
What to Do When an Employee Files a Suit Against You
When it comes to discrimination, sometimes an owner or director’s decision to hire or terminate an employee may see discriminatory in intent. However, there may be times when an employee’s ability to do the job takes precedence over such things as disabilities.
You’ve done everything in your power to keep that employee working, albeit in another position. You are truly trying to work with that person by keeping them employed yet they refuse the new job. Instead, they take you to court for discrimination because they are disabled. At this point, you are probably in need of a crack defense team who can show that your decision was within the confines of the law based on the published duties within the scope of that particular role. The employee refuses the new job and so is let go. Now you need to prove in a court of law that it was not retaliation for suing you but rather the worker’s refusal to move to a position he or she can comfortably handle.
The best way to protect yourself against workplace discrimination lawsuits is to have a better understanding of employment law. With something this complex, the best protection you have is to contact a team of attorneys specializing in this field of law.
Authored by Boris Dzhingarov, ESBO ltd
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