Protecting Against Discrimination Claims in the Workplace

Perhaps the best way to avoid lawsuits and civil litigation related to claims of employment discrimination from former, disgruntled employees is to create, promote, and nurture a workplace that encourages diversity and acceptance. However, try as you might, it is always possible that a single incident may evolve into a costly and frustrating experience.

Employment Discrimination Suits on the Rise

The Equal Employment Opportunity Commission (EEOC) recently revealed statistics indicating that the number of employment discrimination suits being filed against employers is increasing. During Fiscal Year 2010, for example, that number reached an all-time high. Information about this trend from the EEOC indicates that:

• Retaliation discrimination is the most commonly cited form of employment discrimination cited in claims made to the EEOC.
• Claims of race discrimination are a close second.
• The majority of unlawful harassment claims made involved some form of religious, race or national origin harassment. Harassment claims that involved some charge of sexual harassment totaled about one third of cases in this category.
• The 2008 Americans With Disabilities Act Amendment resulted in a nearly 20 percent increase in claims of disability discrimination.

Know The Laws, Follow The Laws

Establishing employment policies that adhere to Federal Equal Employment Opportunity Laws is perhaps the most proactive steps one can take in maintaining a workplace free of discrimination. Among the laws to know are:

• Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of race, religion, sex, color, or nationality.
• The Equal Pay Act of 1963 protects men and women who perform essentially the same work in the same environment from wage discrimination based on their sex.
• The Age Discrimination Act of 1964 protects individuals older than 40 from age discrimination.
• Provisions of the Americans With Disabilities Act protect certain disabled individual from employment discrimination by private employers, as well as in state and local government.
• Employment discrimination in the federal government is covered by sections of the Rehabilitation Act of 1973.

Retain the Legal Services of an Experienced San Jose Civil Litigation Attorney

Regardless of the industry in which your company operates and competes, when served with a discrimination claim or other dispute that requires action, it is important to rely on an experienced legal professional who can support your business. A knowledgeable Silicon Valley business law and civil litigation attorney can offer the appropriate resources and experience your inside counsel may need to provide a robust defense against claims. SAC Attorneys LLP conducts a meticulous review of every case detail to ensure your business is protected throughout the process. Call our offices today at (408) 436-0789 to schedule an initial consultation during which you can learn how our experience will benefit your company.

Sources:

• Federal Laws Prohibiting Job Discrimination Questions and Answers
• Prevent Employment Discrimination and Lawsuits