What is the best defense to an employment discrimination claim?

If the employer can provide a legitimate, non-discriminatory reason for taking an adverse employment action and the employee cannot show that the proffered reason is false, the employer will likely prevail in the lawsuit.  This is why documentation of the employer’s legitimate business reasons for its actions is necessary.  If there is a legitimate, non-discrimination reason for the action, that reason should be documented and communicated clearly to the employee.  Failure to do so leaves the employee to their imagination, and human nature lends itself to that employee attributing the action to external factors (like discrimination) rather than internal factors (like poor performance). It may also be challenging to convince a court that the employee was a poor performer when, upon termination, the employee was told it resulted from a “reduction in force” or “position elimination.”  When taking any employment action, it’s best to be transparent, honest, and consistent. 

Next Tool Kit Article: Title VII – Remedies/Damages Available >>

<< Title VII – When Is An Employer Liable?

Return to Employment Law Tool Kit

The information herein is not legal advice. The information is in the form of legal education and is intended to provide general information about the matter discussed.  The above is not, nor is it intended to be, legal advice and does not create an attorney/client relationship.