Defending Employers Facing Discrimination Lawsuits

An employer’s financial exposure can be significant in a lawsuit for employment discrimination, which often includes substantial claims for punitive damages and attorney fees. These employment discrimination claims require a vigorous and thorough defense.

CE Smith Law Firm represents California employers and their management teams against claims of discrimination and retaliation brought in either California’s Superior Court or a federal court under the Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and similar federal and California laws.

In addition to his impressive record of defending employers in Los Angeles, Orange County and Sacramento, attorney Clifton E. Smith also advises business owners and human resources departments on their policies, employment manuals and training. He draws on his more than 20 years of experience to effectively defend businesses in court and help shield them from potential future litigation.

Common Forms Of Discrimination Claimed

Both state and federal law prohibit discriminating against job applicants and employees based on their inclusion in one or more of several protected classes, or groups that have historically experienced discrimination in the workplace. A California employer can be subject to litigation for alleged discrimination based on any of the following:

• Age
• Race
• Religion
• Sex
• Gender expression
• Sexual orientation
• Ancestry
• Disability status
• Genetic history
• Pregnancy status

A discrimination accusation can be based upon the employer or manager’s decision not to hire a job applicant; not to give an employee a promotion, raise or other benefit; or to punish or terminate a worker. The plaintiff would claim that the decision was based solely on their inclusion in a protected class. One common defense is to show that the employer had a legitimate, nondiscriminatory reason for making the decision based on the employer’s generally broad powers to hire, manage and fire at-will employees. If the plaintiff had an employment contract, they might instead be able to prove that the employer’s breach was the cause of their punishment or termination.

There are also affirmative defenses to employment discrimination claims, in which the employer admits it discriminated against the employee or job applicant but had a legally permissible reason for doing so. These defenses include:

• Bona fide occupational qualification: In rare cases, employers can argue that people of a specific sex, religion or national origin cannot safely and effectively perform certain job duties.
• Business necessity: This involves showing that employment practices that harm members of a protected class are solely related to job performance.

Equipped To Challenge And Resolve Complex Charges

With far greater resources at the government’s disposal, a governmental investigation can be extremely intrusive and intimidating for any employer. CE Smith Law Firm will protect your rights and defend your business and your management team against charges filed with the Equal Employment Opportunity Commission, California’s Department of Fair Employment and Housing, and similar federal and state agencies.

At your request, attorney Clifton E. Smith can explore cost-effective alternatives to defense litigation in state or federal court such as mediation or arbitration of disputes. Contact the firm to determine if this is a viable option for the resolution of your case.

Providing Strategic Guidance

Clients often contact CE Smith Law Firm to discuss employment discrimination issues before they become disputes or claims in order to effectively manage, mitigate or avoid legal exposure. The firm will help your company develop and implement policies prohibiting discrimination and harassment in employment, train your management team to enforce these policies, and help your company respond timely and effectively to any claim of harassment or discrimination.

Frequently Asked Questions About Employment Discrimination Defense In California

California has some of the most complex discrimination laws in the country. These questions cover what you need to know about protecting your business when a claim arises.

What happens after an employee files a discrimination complaint?

After an employee files a complaint, a government agency steps in to review the claim. In California, employees can file with the Civil Rights Department. At the federal level, the Equal Employment Opportunity Commission handles this process.

The agency will contact you about the complaint and ask for records, policies and relevant documents. From there, the agency may offer mediation, issue a right-to-sue letter or close the case. Your response at each stage can shape the final outcome.

Can an employer be sued for discrimination even if they didn’t intend to discriminate?

Yes, an employer can face a discrimination lawsuit even without any intent to discriminate. California law covers two main types of claims. Disparate treatment happens when an employer treats an employee differently because of a protected characteristic. Disparate impact occurs when a workplace policy unintentionally hurts one group of employees more than others.

Intent to discriminate is not required for a valid claim. Courts review whether the policy addresses an important business need and no better alternative exists.

Do small businesses have different discrimination defense obligations than large corporations?

Small businesses follow many of the same rules as larger companies. The specific laws that apply to your business depend on how many employees you have. California’s Fair Employment and Housing Act covers businesses with five or more employees. Federal laws like Title VII apply when you have 15 or more.

Your business may not fall under every law, but the ones that do apply carry real legal weight. Smaller businesses face the same risk of discrimination claims and need a strong defense just the same.

What are common mistakes employers make that increase discrimination liability?

Employers make several preventable mistakes that raise their risk of discrimination claims. These issues come up again and again:

• Failing to document employment decisions consistently
• Neglecting to investigate internal complaints promptly
• Applying policies differently across employee groups
• Lacking a written antidiscrimination policy
• Providing no discrimination training to managers

Catching and fixing these issues early puts you in a much stronger position if a claim ever arises.

Learn How CE Smith Law Firm Can Help Today

Schedule your free, no-obligation consultation with a seasoned attorney when you email or call the firm at 888-780-4541.