Avoiding Employment Discrimination Claims

Almost all employees are considered to be employed at will.  An at will employee can be fired at any time, for almost any reason, except under the following circumstances:

1.  You cannot fire someone in retaliation for the exercise of a statutory right, such as filing a workers’ compensation claim.

2.  You cannot fire someone in retaliation for the exercise of a legal duty, such as jury service or military service.

3.  You cannot fire someone on the basis of their color, sex, religion, age, ethnic background or disability.  These are called protected classes.

Employment discrimination lawsuits usually arise when employees are fired or denied employment and they contend that discrimination was the cause. To prevent employment discrimination claims, there are a few things you can do.

• Have an employee handbook that explains what is expected of employees, what at will employment means, and how the disciplinary system works.  Also explain that nondiscrimination is your policy and that discrimination claims will be investigated promptly and thoroughly.

• Document, document, document.  This includes all disciplinary actions, warnings, performance reviews, training, etc. The more documentation you have to support an employee termination based on legitimate, non-discriminatory reasons, the less likely a discrimination claim will stick.

Lawsuits are an expensive, time-consuming, exhausting, frustrating and often ineffective way to resolve disputes.  The information provided here is for educational purposes only.  If you find yourself up against an employee discrimination claim, find a lawyer to advise you regarding your specific circumstances.  We, however, can assist you with establishing and creating some preventative measures such as an employee handbook.