Phoenix Employment Discrimination Claims Lawyer

In employment law, a protected class is comprised of people who share an innate characteristic they have little or no control over, and often cannot change, such as the color of their skin, sexual preferences, religion, age, gender, disability, genetic information, or national origin, although this list continues to evolve.

If your business has a defined and detailed employee manual, it should be clear that you do not discriminate in the workplace, and you won’t tolerate it from anyone else. However, when a conflict arises that involves accusations of discrimination, employers can find themselves the target of a lawsuit. If this situation sounds familiar, contact a Phoenix employment discrimination claims lawyer now. Our law firm offers business solutions to help protect you against baseless accusations.

What Should Employers Know About Discrimination Laws?

The Arizona Civil Rights Act prohibits employers from discriminating against employees who belong to similar protected classes as federal law specifies, according to Arizona Revised Statutes. § 41-1463. While the state does not protect discrimination for gender identity or sexual orientation, some municipalities do, including Phoenix. If an employee files a complaint with the Equal Employment Opportunity Commission (EEOC), you have recourse, beginning with the defenses our Phoenix lawyers can use to challenge employment discrimination claims.

Defenses to Employment Discrimination Claims

Sometimes an employer’s actions may seem like discrimination, but they are not classified as such under the accepted definition. If the job requires bona fide occupational qualifications (BFOQ), people from a protected class may be eliminated from the employee pool. For example, delivery services such as UPS and FedEx require their drivers to be able to lift a minimum amount of weight, and the military services do not accept enlistees over a certain age due to the rigorous physical training and work involved. Other defenses that employers may rely on include:

• Business necessity in which employees must be proficient in a particular language or earn special certifications
• The dismissal was directly related to the employee’s failure to meet performance expectations
• The employer is following certain security standards adopted by the industry the business is in
• The business has adopted standardized and fair criteria for determining workplace decisions such as for raises and promotions
• The employer has discovered evidence of the employee’s misconduct or bad behavior, justifying a dismissal or demotion

Another common defense centers on building a profitable business. If downsizing is part of that at any time because prosperity requires cutting costs, employers can show dismissing a low-performing employee was a business decision, not discrimination. If you have questions about an EEOC complaint filed against you in Phoenix, an employment discrimination claims attorney can answer them.

Ask a Phoenix Attorney to Defend You When a Disgruntled Employee Files a Discrimination Claim

Legitimate reasons to demote, fire, or fail to hire some people exist, although employees may believe you are discriminating against them because they belong to a protected class. Our attorneys’ job is to prove those legitimate reasons. But you can do your part, too, by adopting a clear policy for handling discrimination claims and creating a work environment that discourages behavior that singles out, demeans, is retaliatory, or unfair.

Assess your situation by examining communications with the disgruntled employee, their performance reviews, their employee file (including reprimands and recommendations), and by interviewing select employees. A Phoenix employment discrimination claims lawyer can appear before the EEOC regulatory board to defend you against any penalties or in civil court if your employee files a lawsuit.