If you’ve been discriminated against at work, then you’re probably reading this blog because you’re considering taking legal action against your employer. It’s important to consider such a move given the tremendous ramifications workplace discrimination can have on your life. In many instances, adverse employment actions like reassignment, a pay cut, demotion and even termination are based on discriminatory purposes, which can hit you in your wallet and devastate a career that you’ve worked hard to build. But even if you think that you have compelling evidence to show that you were wronged by your employer, you still have to be prepared to counter the defense’s arguments.
There are several ways that the defense might approach your case, too. You have to be ready for all possible arguments so that you can properly fend them off and protect the viability of your claim. That’s why we want to take a moment to look at some common defenses used in discrimination cases. Hopefully then you’ll have a better idea of what to expect heading into your case.
There are several defense strategies that might be utilized in your case. By analyzing the facts of yours, you can probably figure out which defense tactics are more likely to be used in your situation. But as a general matter, here are some of the most commonly used defenses in workplace discrimination cases that you should be on the lookout for and prepare to counter:
- Poor performance: In a lot of workplace discrimination cases, the employer simply argues that the adverse employment action that was taken was based on poor employee performance rather than any discriminatory purpose. They may point to discipline that was handed down to you or they might present evidence that shows that you unjustifiably missed a lot of work. So, as you head into your case, make sure you have evidence that shows your true work performance and any compliments paid to you by your supervisor and others employed at your workplace.
- Seniority and merit-based systems: If you the basis of your case is that you were passed over for a promotion because of a discriminatory reason, then your employer might argue that their decision was based on years of experience and overall performance. So, again, scrutinize your performance record and any other evidence that may show your employer’s true intent in making their decisions.
- Evidence acquired after the fact: If your employer uncovers evidence after your claim of discrimination that would have justified their action, then they can rely on that after acquired evidence to justify their decision. For example, if it’s later found that you stole supplies from your employer, then even though their initial action may have seem discriminatorily justified from the outset, it may be deemed that they acted appropriately.
- Bona fide occupational qualification or business necessity: An employer might be justified in their actions if they can show that a particular attribute or characteristic is essential for the job in question. So, carefully analyze the characteristic or attribute at hand and question whether there were less discriminatory ways to achieve the outcome your employer sought.
Take control of your workplace discrimination case
A workplace discrimination case gives you the ability to fight for accountability and to secure the compensation deserved for the harm that’s been caused to you. But your employer is probably going to aggressively fight against your claim. So, you need to ready yourself with strong legal arguments supported by compelling evidence. If you want to learn more about how to do that, then now is the time to discuss the facts of your case with your attorney.