Responding to a worker’s discrimination lawsuit

Most employers pride themselves on offering opportunities to those who show real talent and potential. They may strive to provide an inclusive workplace in which the best and brightest can obtain advancement opportunities through hard work and loyalty.

Unfortunately, not all workers have a positive view of their employers. In some cases, they may feel like the promotion of a co-worker or outside candidate or their inclusion in the layoff is an indicator of discrimination within the organization.

Allegations of employment discrimination can have major implications for the business. If a worker files a lawsuit, the company is at risk of not just financial damage but also harm to its reputation. How can employers facing lawsuits initiated by frustrated workers or former employees respond in a manner that mitigates organizational losses?

Keep thorough employment records

There is a saying that the best offense is a good defense, and that is certainly true in employment law disputes. Companies that make a point of maintaining thorough employment records have a better chance of effectively responding to a worker’s allegations of discrimination. Records that help demonstrate why a worker did not receive an opportunity or faced disciplinary action can help defuse claims that the company discriminated against them on the basis of certain protected characteristics.

For example, records of progressive disciplinary efforts can help establish that an employee may have repeatedly violated company policies and could help justify a termination. Records of declining performance reviews could also help establish that the worker failed to meet basic standards for their job, which could explain why they didn’t receive a promotion.

Investigate the worker’s background

All too often, companies facing allegations of discrimination focus entirely on organizational protection. They may fail to properly investigate the worker making the allegations. That worker may have a history of making similar complaints against other employers or losing their jobs due to performance or behavioral issues.

The due diligence process when responding to an employee’s lawsuit often needs to include a review of their professional history. Organizations or the lawyers representing them can sometimes uncover information that can reframe the situation in a way that is favorable to the company and not the worker.

Be ready to defend the organization aggressively

A large percentage of discrimination lawsuits settle outside of court. Companies may believe they are in the right but may worry about the costs of defending against discrimination claims. Accepting the need to take the matter to court and to aggressively litigate a dispute with a current or former employee can often result in the best possible outcome for the organization.

Having the right assistance while researching and preparing to respond to an employee lawsuit can sometimes help exonerate a company that has been accused of misconduct.