Discrimination Law
Tips & Advice to help you make your decision on Discrimination Law
Discrimination is a tough word. Without meaning to, companies can find themselves in trouble with a disgruntled employee or a vendor that was turned away. A wise employer gets advice from an attorney schooled in discrimination law before he finds himself the subject of a lawsuit.
Discrimination law covers the hiring or firing of employees due to race, gender, religion or other class protected by the US Constitution. It also covers instances where a party feels he was denied the right to rent an apartment because of his race.
Look for an attorney that specializes in discrimination cases to avoid getting involved in unnecessary litigation. A good discrimination lawyer will advise you as to what you can and cannot do in your state and will tell you how to stay away from even the appearance of discrimination.
When shopping for discrimination lawyer, it's wise to review the offerings of several different firms. Business.com features a large selection of such discrimination lawyers. Visit the links on the left to learn more about the services they offer.Preventing Employee Discrimination Claims
By taking the right steps, you can avoid costly lawsuitsBy Sheryl Nance-Nash, writer Inkwell Communications Unless you have a very small business of three employees or less, the vast majority of anti-discrimination laws apply to you. Federal and state laws define discrimination as treatment of one employee differently from another on the basis of race, color, religion, gender, pregnancy, age, marital status, physical or mental disability or other personal characteristics.
A discrimination lawsuit by an employee could cost a small business heavily in legal fees and lost productivity. The best defense is to keep your place of business free of discrimination. There are three main tactics:
- Education
- Documentation
- Enforcement
Educate, educate, educate
Most managers know who is protected by discrimination laws, but may not know what actions are illegal.
Try:
The U.S. Equal Employment Opportunity Commission (EEOC) sets out the details on how small business comply with discrimination rules. Get tips on educating your staff from Employee Benefit News. EEOC will also train your staff at your office or get on-site or online training from private education company AHI Workplace Compliance Training Center.
Investigate and document
Document every complaint you get. Investigate it thoroughly and get legal counsel if necessary — legal help early in the game when you suspect a significant problem will prove a smart move if a lawsuit develops.
Try:
See the checklist from Nolo on how to react to and investigate a discrimination claim. Or get training from Trainup to teach your managers best practices on discrimination investigation.
Mean what you say
A policy with no teeth will certainly come back to bite you. It does no good to have a policy, conduct training and then don't enforce the rules. Do not take lightly unacceptable behavior, clearly explain to the employee that if he or she does not stop the behavior, you will be forced to let them go. Let an offender off the hook and you could put your business at risk.
Try:
Create an anti-discrimination statement for your company so your intentions are clear – see a sample employee handbook anti-discrimination statement from hrVillage. See tips on disciplining employees from FindLaw.
- Employment practices liability insurance covers businesses against claims by workers that their legal rights as employees have been violated. It protects against lawsuits, including sexual harassment and discrimination. Evaluate whether this type of policy is worth investing in.
- You are legally required to work with your employees to make it possible for them to practice their religion, say if they request time off for religious observances. However, you are not required to offer this accommodation if it would cause a hardship on your business or other workers.
- If you fire an employee in a protected class, it can be harder for the discharged employee to make a case against you if you replace him or her with another member of the same protected class.
Are you a Victim of Harassment? Free Case Evaluation (510) 433-1000
Discrimination & Termination Cases. Free consultation - (213) 381-6557
Free Consultation with Attorney Call Now (213) 995-6132
Wrongfully fired or discriminated? Call James Elliott. Santa Monica CA