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Sued for discriminatory hiring practices, but you didn’t do anything wrong. How do you defend your business?

Posted by John Marshall | Sep 30, 2021 | 0 Comments

With new accusations of discrimination seeming to hit the front page of newspapers (and their homepages) every day, what happens if you've been sued for discriminatory hiring practices, but you've done nothing wrong? This can be a complicated, fraught situation, and you need to address it on multiple fronts.

Take a Strong Stand Against Discrimination

While you can (and should) dispute the allegations, do not make this all about denying the lawsuit. Instead, make sure to take a strong stand against discrimination. Focus is on the fact that you do not, and will not, accept discrimination at your company.

Evidence relating to the lawsuit

While you may want to start interviewing witnesses, don't. Instead, leave that to your lawyer. But start to gather documentation about the specific positions referenced in the lawsuit (such as applicants' resumes of those and any similar positions) and any memos on how the candidates were assessed. You should also collect any documents relating to employee recruitment and other general policy materials or employee handbooks relating to hiring and promotion. The best defense you will have is to prove that there was no discriminatory aspect in your hiring decision: You hire people because they are the best candidates for the job.

Internal Review

Even if you defeat the lawsuit, you may want to conduct a larger review to see if there are any related issues you don't know about. It's better to learn about these and fix them. And even if they don't rise to litigation, any concerns relating to discrimination will impact your staff and your company's reputation.

If you've been hit by a lawsuit alleging discriminatory hiring, get qualified counsel to help resolve the lawsuit and help you address any other related issues. Don't wait: Call 949-724-1116 or email us today to schedule a consultation with John Marshall, Attorney at Law.

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