Labor Discrimination Attorneys in West Virginia, Ohio and Kentucky
DEFENDING EMPLOYERS AGAINST ALLEGATIONS OF UNFAIR PRACTICES
An employer’s right to hire, fire and manage employees has certain restrictions. Various state and federal statutes prohibit discrimination as the basis for hiring and employment decisions. Retaliation against employees for engaging in protected activities is also prohibited. Employers must be careful to institute and uniformly enforce policies and to properly document employee-related decisions to protect themselves from liability in these situations. And when allegation of discrimination, harassment or retaliation do arise, proper legal counsel and defense is crucial. Pullin, Fowler, Flanagan, Brown & Poe zealously defends employers from West Virginia, Ohio, Kentucky and other states against all manner of employment discrimination allegations. Our attorneys know the law and use that knowledge to help various types of companies avoid or mitigate liability in employment matters.
TYPES OF EMPLOYEE DISCRIMINATION
Federal statutes, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and the Genetic Information Nondiscrimination Act, collectively prohibit employment discrimination based on color, race, national origin, gender, religion, disability, age or genetic trait. Most state statutes also contain similar provisions, and some even name additional protected classes. Moreover, whistleblower provisions in various state and federal laws protect employees from retaliation for engaging in protected conduct, such as filing a workers’ compensation claim or reporting an OSHA violation.
PROTECTING EMPLOYERS FROM LIABILITY FOR DISCRIMINATION CLAIMS
Discrimination claims, regardless of the basis, come in several forms. And defending against each requires a specific strategy. Our attorneys at Pullin, Fowler, Flanagan, Brown & Poe litigate all manner of employee discrimination cases and also advise our clients as to policies and practices they can institute to protect themselves from these allegations.
- Disparate treatment — Disparate treatment is direct discrimination involving an employee who alleges unfair treatment based on membership in a protected class when hiring, firing or making other employment-related decisions. Employers must show that there was good cause for the employee’s treatment or that they treated other similarly situated employees in the same manner.
- Disparate impact — In these cases, an employee challenges facially neutral policies that tend to have a disproportionate adverse impact on members of a protected class. These cases can be complex, especially for large employers, and can require an analysis of the entire workforce.
- Harassment/hostile work environment — An employer may be vicariously liable for instances of harassment against protected employees by supervisors, coworkers or even customers and other third parties if the employer knew about the situation and failed to take appropriate remedial action.
- Retaliation — Retaliation claims arise from employees alleging that their employers took adverse action against them for exercising their protected rights. Retaliation clauses appear in most federal and state employment discrimination laws, workplace safety laws, wage and hour laws and many others. In these cases, an employer must show there was good cause for any adverse action taken.
Pullin, Fowler, Flanagan, Brown & Poe helps employers handle discrimination allegations
As an advocate for businesses throughout West Virginia, Ohio and Kentucky, Pullin, Fowler, Flanagan, Brown & Poe can help employers take steps to avoid employee allegations and efficiently resolve them when they do arise. Call us at 304-344-0100 or contact us online to begin a relationship with a law firm that is nationally recognized for experience and quality while remaining dedicated to its community and employees.