A recurrent challenge to New York employers across myriad industries is blowback from workers alleging adverse treatment doled out on a selective basis.
An accusation of discriminatory or harassing behavior in the workplace can rock a company. “It’s imperative that you, as an employer, take it very seriously,” notes an in-depth overview of the subject matter, “and handle a complaint with special care.”
Discrimination complaints assume many forms in work settings. An employee might allege a hostile work environment and chilling management response for engagement with protected union and organizing activities. Workers cite employer push back for reporting company malfeasance across various fronts (e.g., so-called “whistleblowing” targeting fraud, waste and abuse).
And it is commonly the case that a discrimination complaint underscores wrongdoing relevant to a “protected classification” enumerated under Title VII of the groundbreaking federal Civil Rights Act. Close regulatory and judicial scrutiny will attach to any matter alleging disparate treatment owing to a cited category such as race, national origin, gender, pregnancy or sexual orientation. The same is true for claims spotlighting discrimination against a worker based on their disability or age.
Employees filing such claims often stress unlawful employer retaliation leading to low-performance reports, denied/delayed promotions, transfers to lower-level positions, targeted isolation, pay cuts and even job termination.
It is obviously key for an employer to anticipate discrimination claims and get on top of them in a timely and proactive way that avoids litigation when possible. An experienced employment law firm can help valued and diverse commercial clients promote that goal in various ways.
