Discrimination & Harassment Within the Workplace

The most common discrimination complaints in the workplace are related to sexual, racial, age, and gender preference matters. When complaints of discrimination are raised, it is critical that the organization respond in a timely and appropriate manner. Indeed, most organizations have been liable for discrimination claims not simply because the misconduct occurred, but because the organization failed to respond to the complaint in a timely and professional manner.

The appropriate response to a discrimination claim is based on several factors, including the nature of the charge, the case law related to the charge, the sufficiency of the investigation of the charge, and the employment action taken by the business related to the charge. Without going into detail on each of these factors, it is suffice to assert that the business must be both proactive and prudent. Being proactive and prudent relates to a number of factors, including:

• Pre-employment screening procedures
• Initial employee orientation methods & documentation
• On-going employee training programs
• On-going supervisory & documentation methods
• Responsive investigatory methods employed
• Documentation of investigative and decision making process

The key to these methods is that the client company understand the where, when, why, how, and what questions—the basic fact finding tools. A key quality that separates our services, from those of other companies, is the work product of these fact finding tools. Our work product is delivered by attorneys who are familiar with the legal theories and case law related to the particular discrimination charge. Since our services are delivered by attorneys, who by their education and experiences are equipped with excellent critical thinking, interviewing, and analytical skills, serve to provide a thorough and comprehensive representation of the charge. In this way, our attorneys can work with corporate or municipal officers prior to the assertion of civil litigation related to the discrimination, or with litigation counsel during the pendency of the litigation. 

In addition, we provide comprehensive consultative programs designed to educate your work force on the nature and preventive techniques of discrimination claims, and to minimize the liability exposure related to any future discrimination claims. In this sense, our consultative programs serve as both training and risk management—with the dual goals of reducing the incidence and impact of discrimination within your workplace.

Feel free to contact us to discuss how we can help resolve the threat and the reality of discrimination at your company.