Defending West Virginia Businesses Against Employee Discrimination Claims
Robust representation for a wide range of workplace lawsuits
Federal and state laws are in place to protect workers from wrongful discrimination. Unfortunately, the remedies created by these well-intentioned laws are sometimes abused, often by workers attempting to mischaracterize legitimate employment decisions. When that occurs, employers need capable representation from effective employment law litigation attorneys. At Pullin, Fowler, Flanagan, Brown & Poe, our employment law team works diligently to protect employers from specious discrimination claims and to resolve disputes on the most favorable terms possible.
Knowledgeable guide to federal antidiscrimination laws
U.S. laws provide a range of protections and accommodations for individuals in the workplace. The key statutes are the following:
- Title VII of the Civil Rights Act of 1964 — This law forbids discrimination in hiring, promotion, termination and other actions on the basis of race, color, religion, national origin or sex (including sexual orientation and gender identity). Sexual harassment is a form of discrimination covered under the statute. Title VII also requires employers to provide reasonable accommodations for workers with sincerely held religious beliefs.
- Pregnancy Discrimination Act — This amendment to Title VII outlaws discrimination against women based on conditions related to pregnancy and childbirth.
- Equal Pay Act of 1963 — This law forbids unequal pay for men and women who perform equal work.
- Age Discrimination in Employment Act of 1967 — This law protects workers aged 40 and older from discrimination in employment based on age.
- Americans with Disabilities Act of 1990 — This law outlaws discrimination against qualified employees with disabilities and requires employers to provide reasonable accommodations.
- Genetic Information Nondiscrimination Act of 2008 — This law prohibits employers from discriminating against workers on the basis of a gene mutation that increases the risk of an inherited disorder.
- Pregnant Workers Fairness Act of 2022 — This law requires employers to make reasonable accommodations for workers dealing with issues related to pregnancy and childbirth.
These statutes also prohibit retaliation against workers who complain about discrimination or who participate in an investigation or other proceeding. In West Virginia, The Civil Rights Division prosecutes discrimination cases brought by the West Virginia Human Rights Commission.
What to do if your company is accused of unlawful discrimination
When confronted with a discrimination complaint, either to the Equal Employment Opportunity Commission or the West Virginia Human Rights Commission, it’s important to take proactive measures. Our employment litigation attorneys help our in these positive ways:
- Preserving documentation
- Conducting internal investigations
- Assessing the validity of claims
- Assessing potential liability
- Negotiating resolutions
- Litigating complaints in court
We negotiate with government agencies and attorneys representing complaining workers to resolve claims efficiently, with a focus on upholding our clients’ rights and minimizing damages. Most discrimination claims are settled, but we do not hesitate to go to court where necessary to protect our clients’ interests.
Providing practical advice on preventative action
Companies that consistently enforce anti-discrimination policies reduce the likelihood of discrimination complaints and can limit the company’s exposure if complaints arise. Our employment attorneys help companies design and implement protocols that are in full accord with state and federal law.
Contact a law firm capable of skillful employment discrimination defense
The experienced employment litigation attorneys at Pullin, Fowler, Flanagan, Brown & Poe defend businesses throughout West Virginia, Ohio, and Kentucky in discrimination claims. Call us at 304-344-0100 or contact us online to retain robust representation in your dispute.
