Has a prospective, current, or former employee accused your company of racial discrimination? Claims of race discrimination can prove incredibly damaging for a company, including harming the business’s public reputation and taking time and money away from growing the company’s operations. Efficiently and favorably resolving worker racial discrimination claims can protect your company’s reputation and interests.
Let the experienced race discrimination defense attorneys at Mitchell & Sheahan, P.C., help you fight against employees’ race discrimination claims. We focus exclusively on employment law matters, which allows us to develop in-depth knowledge and experience in this area of law. Our firm guides small and mid-sized businesses in Stratford, CT, through local, state, and federal workplace discrimination laws and regulations. Our attorneys will give your company trustworthy advice to help you manage sensitive allegations against your business. Contact us today for an initial case evaluation to discuss your company’s options.
Understanding Workplace Racial Discrimination under State and Federal Law
In Connecticut, state and federal laws prohibit employers from discriminating against workers based on race. The Connecticut Fair Employment Practices Act prohibits employers from discriminating against employees based on race, color, or national origin. Under federal law, Title VII applies to employers who have 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year. Title VII also prohibits discrimination against workers based on race, color, or national origin.
Racial discrimination can occur when an employer takes adverse action against current or prospective employees based on their race, color, or national origin. Adverse employment actions can include:
- Refusing to hire workers
- Failure to promote workers
- Denying raises, bonuses, or commissions
- Denying training or career advancement opportunities
- Denying favorable work assignments
- Assigning unfavorable work duties
- Preferring workers for reductions-in-force
- Terminating workers
Types of Racial Discrimination Claims
Workers who accuse companies of racial discrimination may assert various types of claims. Some of the most common kinds of race discrimination claims against employers include:
- Disparate Treatment – In a disparate treatment claim, an employee alleges that they suffered adverse employment actions motivated by their race.
- Disparate Effect or Impact – A disparate impact claim alleges that an employer’s policies, while seemingly neutral on their face, adversely affect various employees due to their race.
- Retaliation – A retaliation claim alleges that an employer took adverse employment action against a worker who complained of racial discrimination they or co-workers experienced or who participated in an investigation into racial discrimination.
An employee who asserts a racial discrimination claim may seek various forms of relief from an employer, such as:
- Back pay from the date of a wrongful termination
- Front pay from a wrongful failure to hire or promote
- Reinstatement to a position
- Compensation for job search expenses after a wrongful termination
- Compensation for emotional distress or damage to the worker’s reputation
Defenses to Workers’ Racial Discrimination Claims
Employers facing racial discrimination allegations can pursue a strong defense to protect their reputation by conducting a thorough investigation that includes interviewing witnesses (including co-workers, supervisors, and human resources representatives) and reviewing employment records and documents. A defense to a racial discrimination claim can identify a legitimate, nondiscriminatory reason for an adverse employment action, such as terminating a worker due to a disciplinary infraction or hiring one candidate over another due to increased experience or desirable skills or certifications.
An employer can also argue that it utilized objective criteria for its employment decisions, such as scoring for hiring or promotion decisions or selecting workers to reduce force based on experience or time in service. Additionally, an employer can point to its anti-discrimination policies and training to argue against claims that managers or supervisors engaged in racial discrimination against current or prospective employees.
Strategies for facing racial discrimination claims from prospective, current, or former employees may include pursuing alternative dispute resolution, including mediation or arbitration. Alternative dispute resolution can more efficiently facilitate the resolution of a race discrimination claim while allowing your business to avoid the publicity of court litigation.
What Should Your Company Do When an Employee Alleges Racial Discrimination?
When a worker accuses your business of racially-based employment discrimination, your company can take steps to protect its reputation and put itself in the best position to defend against a race discrimination claim, such as:
- Initiating a litigation hold to preserve relevant evidence and documents, including HR records, emails, text messages, performance reviews, and disciplinary records
- Gathering all available documentation relating to the worker’s discrimination claim, including records and reports related to the adverse employment action that triggered the worker’s claim
- Reviewing your company’s anti-discrimination policies to ensure that your business appropriately handled a worker’s internal complaints
- Contacting an experienced race discrimination defense attorney from Mitchell & Sheahan, P.C., to discuss your company’s legal options and learn the next steps you can take to face a worker’s discrimination claims
How Can a Racial Discrimination Defense Lawyer Help Your Business?
A race discrimination defense attorney from Mitchell & Sheahan, P.C., can help your company face and resolve workers’ race discrimination claims by:
- Thoroughly investigating an employee’s discrimination allegations and securing all available evidence, such as HR records, disciplinary reports, or performance evaluations
- Reviewing the facts and evidence to determine your company’s legal options for pursuing a resolution of a discrimination claim
- Preparing your company for what to expect when facing a racial discrimination claim
- Vigorously pursuing a favorable resolution to the claims, either through negotiating a fair and favorable settlement or by defending your company’s actions in court and at trial to refute the racial discrimination allegations
Contact Mitchell & Sheahan, P.C., Today to Discuss Your Options
When an employee has accused your company of racial discrimination, you need experienced legal guidance to effectively protect your business’s interests. Contact Mitchell & Sheahan, P.C., for a confidential consultation to learn how our firm can help your company defend against racial discrimination claims from employees and protect your reputation and interests.
Mitchell & Sheahan, based in Stratford, CT, serves clients in Stratford, Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and NY.