Most employers become anxious when faced when with a discrimination claim by their employees. These complaints bring hardship to the employer and to the workplace, causing a more hostile work environment. Federal and state law protects employees against many types of harassment and discrimination. These types of complaints are costly and difficult. To protect a business from discrimination claims, the business must have a rigorous harassment and discrimination policy.
Employers must take all discrimination claims seriously. Following a careful strategy could allow a business to avoid being found liable.
What are some protected classes in California?
California law states that it is against the law to discriminate against people based on their sex, gender identity, age, or if they have a disability. This includes race, ancestry, origin, HIV/AIDS status, genetic information, mental or physical disability, political affiliation, military status, national origin, or race. These are just some of the many protected classes under California state law. Several cities within California have also adopted more protected classes. For example, height and weight are protected classes in the city of San Fransisco.
It is important to recognize the law and abide fully within the legal range. When laying off employees, be sure to be concise in the reasoning as to why an employee is being fired or not being hired. Often times, discrimination claims pop up from employees or applicants that believe that they had been either fired or not hired due to discrimination. When laying off large amounts of employees, it’s in the employer’s best interest to contact a lawyer before laying off any employees. The attorney would allow the employer to find the right course to be able to lay off many people, without needing to worry about the legal ramifications.
How could a lawyer help during discrimination claims?
A lawyer is essential in all harassment or discrimination claims. If an employer is already being sued for a harassment claim, they must talk to a lawyer immediately. Lawyers are able to help businesses immensely by allowing the employer to do as they please while staying fully within the law. In regards to sexual harassment claims, employers are often reluctant to fully look into the report. With an experienced lawyer by the employer’s side, that lawyer would be able to help the victim and the employer by fully investigating the case and following full legal procedures.
The victim in a harassment case could feel vulnerable and alone. The process of going through a sexual harassment claim could be hostile and difficult. Having an experienced lawyer by the employer’s side would allow the victim to be assured that their claim is being handled properly, and they will most likely see the outcome they desire. The victim could also fear being retaliated against, so having a lawyer by the employer’s side could assure the victim that the employer will not lash out, as the employer could be in the wrong.
Both the victim and the harasser must understand that the determination after the investigation would be fair. Each of these employees may hire their own lawyers to ensure that:
-The employer conducted an objective report
-The investigator examined all the evidence
-The conclusion of the investigation is justified and correct based on the evidence provided
Having these employees look over these documents with their own lawyers could save the employer a suit down the line. For example, the victim’s lawyer could believe that a certain piece of evidence had not been looked over properly, or that the settlement was not justified. This would allow the investigation to reopen and close once all parties have come to an agreement, instead of having to get a suit a few months later from the victim as they didn’t like their settlement.
Take appropriate action
Taking the correct steps and action is key to closing a harassment or discrimination claim. After the investigation is complete, no matter the outcome, the employer must take the appropriate action. If it has been found that harassment has taken place, firing the harasser or moving the victim to another branch could prove sufficient. The employer may not retaliate against the employee at all, doing so would provide the employee would a claim to take to court. It’s also important to note if the investigation had found the alleged harasser to be innocent, calling that employee a ‘harasser’ could prove to be defaming them. An experienced attorney would take the correct steps and allow the employer to fully understand the law so that they may minimize the chances of other lawsuits.
Contact Pride Legal
If your business is dealing with a harassment or discrimination claim, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
