How to Defend Race Discrimination Claims
There are a number of laws in the United States that forbid employment discrimination, including Title VII of the Civil Rights Act and the Fair Labor Standards Act. Taken together these laws forbid employers from practicing or allowing discrimination on the basis of race, age, gender, disability and workplace retaliation. According to the Equal Opportunity Employment Commission (EEOC), there were 93,277 workplace discrimination complaints filed in the U.S. in 2009. Thirty percent of these claims were for gender discrimination, 36 percent for retaliation and 36 percent for racial discrimination.
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Instructions
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Establish policies defining fair employment practices and put them in writing in the employee handbook. All human resource and employment law experts agree that having and applying fair employment practices consistent with both federal and state law is hands down the best way for an employer to avoid and defend against discrimination lawsuits.
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Document all employee and potential employee interactions with company management. Confirm that human resources and operations managers are adhering to fair employment practices by having a specific form for them to sign acknowledging that they followed the company employment policies in any new hires, terminations or promotions. Also conduct trainings for all HR and management personnel any time there is a significant change in employment law or company policy.
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Demonstrate to the court that you have consistently applied your employment policies to all employees. Plaintiffs generally have to prove some standard of "disparate treatment" to win a race discrimination lawsuit, so proving that you treat all employees equally and having the records to back it up can make it difficult to prove discrimination.
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Tips & Warnings
Consult with a human resources expert specializing in employment law if you have not updated the employment policies at your business in the last several years. Having up-to-date employment policies that incorporate all current laws is critical for protecting yourself from discrimination lawsuits.
Always consult with an experienced attorney before taking any steps in response to a claim of employment discrimination. Any communication with the plaintiff can have legal consequences. In some cases business insurance is involved and may pay most or all of any legal fees or court costs.
