Assisting clients in preventing and defending employment discrimination claims has become one of the predominant activities of most labor and employment attorneys. The attorneys of Harris Dowell Fisher & Young, L.C. are no exception.
We follow a pragmatic and flexible approach that recognizes the uniqueness of each situation that gives rise to an actual or potential employment discrimination claim. The advisable employer action will vary greatly with the circumstances, and may change as time passes and the situation develops.
What is constant, however, is the need to combine extensive knowledge of employment discrimination law, experience defending employment discrimination claims, and the ability to analyze various options objectively and consistently with the client’s business interests.
The Role of Qualified Counsel in Preventing and Defending Employment Discrimination Claims
A business confronted by an actual or potential employment discrimination claim may benefit from qualified legal counsel at a number of crucial points:
- Initially, it is often desirable to seek the advice of counsel before establishing or modifying employment policies, and before making specific employment decisions negatively impacting individuals — especially terminations.
- A federal employment discrimination lawsuit must be preceded by the filing of a charge with the Equal Employment Opportunity Commission (EEOC). A thorough response to such a charge, prepared or reviewed by employment counsel, makes a favorable EEOC determination more likely — and may avoid problems that can arise from inadequate factual investigation at this stage.
- The EEOC offers early mediation, which can result in an economical settlement before investment of substantial time and attorneys’ fees. The assistance of counsel in carefully analyzing the charging party’s discrimination claims and the applicable defenses, and in thoroughly preparing for mediation, will improve the likelihood of a favorable settlement.
- Finally, once an employment discrimination lawsuit is filed in federal or state court, it is essential to retain attorneys with specific expertise in the defense of such cases, who are able to provide the proper combination of candid case evaluation, effective defense strategy, and zealous litigation and trial advocacy.
How We Can Help
The attorneys of Harris Dowell Fisher & Young, L.C., have extensive experience representing employers throughout all of these stages in the life of a discrimination claim.
Contact us to discuss how we may best assist you in this regard.
For Further Information:
- EEOC — The Charge Handling Process
- EEOC — Discrimination by Type, with links to relevant laws, regulations and policy guidance, and also fact sheets, Q&As, best practices, and other information.
- Evaluating Employment Discrimination Claims From a Defense Counsel’s Perspective