Why You Should Consult With Business Attorneys to Create an Anti-Discrimination Policy

Does your company have an effective anti-discrimination plan in place aimed at protecting you from lawsuits? If you are not 100 percent confident that you have a sound policy in place, you need to consult with business attorneys to create a comprehensive and detailed anti-discrimination policy.  

Brown & Charbonneau, LLP understands the laws applicable to discrimination cases. We represent companies being sued and we have represented accusers claiming discrimination, and so we know from both sides of the table how anti-discrimination cases move through the court system. We understand the types of evidence that can result in companies being found liable for discrimination, as well as the kinds of defenses that can be effectively raise to avoid a verdict in favor of the worker.

Our goal is to help ensure you significantly reduce the chances of getting sued for discrimination.  We also want to help ensure your anti-discrimination policy can help you to defend yourself in case a lawsuit does arise. One of the most important steps in protecting yourself from litigation is to meet with business attorneys so you can develop a comprehensive and detailed anti-discrimination policy as soon as possible.

Why Consult With Business Attorneys on an Anti-Discrimination Policy?

Consulting with business attorneys on an anti-discrimination policy for your company is very important because you want to reduce the chances that you will be sued for discrimination under Title VII of the Civil Rights Act or under any relevant California laws.

Steps are being taken to make it easier for plaintiffs who allege discrimination to move forward with cases against employers. For example, the New York Times reports that on January 29, 2016, President Barack Obama moved to mandate that companies report employee salaries by race, ethnicity, and gender when they provide other data to the federal government. The goal is to crack down on organizations paying women less for the same work, and the reporting of salary information will make it easier for patterns to be identified that could be signs of discrimination.

Employers need an anti-discrimination policy that prevents all different kinds of discrimination from happening so they can avoid a lawsuit. If your policy makes clear that employment decisions are based on merit alone and if you establish clearcut policy provisions in your anti-discrimination policy to ensure that no intentional or inadvertent discrimination occurs, you reduce the chances that someone will file a costly lawsuit against your business.

By establishing a strong anti-discrimination policy with the help of business attorneys, you can not only reduce the chances of being sued but you can establish a corporate culture that is comfortable for diverse workers. This can aid in attracting top talent as the United States undergoes demographic shifts and becomes even more diverse.  Your corporate culture starts at the top, and the more effective your anti-discrimination policy is, the better your business will be at creating an inclusive and non-discriminatory environment.

A Defense to Discrimination Claims

Another key reason why it makes sense for companies to consult with business attorneys to develop an anti-discrimination policy is because this type of policy could help defendants to avoid liability in certain circumstances.

Companies are responsible for decisions made by hiring personnel who may be discriminatory, but their responsibility goes beyond just the immediate hiring choices that are made or the actions taken by supervisors.

Companies can also be held vicariously liable for harassment in the workplace. The harassment may be perpetrated by supervisors, managers, or even an employee’s co-workers and peer group.  If a hostile work environment is created by those who a victim has to work with every day, this can give rise to a discrimination claim against the company if the company didn’t take action to stop the abusive behavior.

Employers can defend themselves from hostile work environment discrimination claims if they had a policy in place, established a system for victims to complain to someone other than their supervisor, and had a strong protocol for taking swift action when a complaint was made.  Having a comprehensive and detailed policy in place allows you to point to the policy, and the actions you took, as an affirmative defense.

How Irvine Business Attorneys Can Help Your Organization

Brown & Charbonneau, LLP has a long track record of providing comprehensive and skillful legal representation to companies with the goal of reducing their litigation risk or responding to lawsuits effectively.

Our business law attorneys have the knowledge and skills to conduct investigations, carefully review case law, and make the strongest possible arguments on behalf or our clients. To learn more, give us a call at (866)237-8129 or contact us online.