Employees are the backbone of an organization and employers must go to lengths in safeguarding their interests. Unfortunately, these are not the scenarios that we see all the time. Of them, you can read in a newspaper or in a social media post how an employee was harassed by their employers. If you are facing such a situation, it is high time that you contact an Employment Discrimination Lawyer. Before that, have a look at the most common defenses that employers present when they face employee harassment cases.
Employee discrimination and harassment: Common causes
When accused of sacking a fellow employee based on their religious preferences, nationality, sexuality, sexual preferences, race, color, etc., an employer will not only be accused of discrimination but also lose all respect as a higher authority of the organization.
The counter-attract the employer will do is they will give reasons for terminating the employees on the basis of various work-related factors. They might say:
- The employee was not good at work
- They lacked professionalism
- They came late for work
- They did not abide by work ethics
But to prove that the employee has committed these offenses they have to prove proper evidence.
There are instances where a rule imposed by the employer might seem neutral from the outside but is in fact desperate when applied and seems discriminating. However, if the desperate law has some useful business impact, then it will be not considered foul or discriminatory.
However, there are many instances where an employer has deliberately imposed some rule that will in course of their action eliminate some employees that they have targeted.
Another defense mechanism that the employers have in case of harassment is that the employee welcomed the harassment and now is making false accusations. When some conduct is welcomed by an individual, it is no longer considered harassment.
To establish the point that the employee welcomes the gesture, the employer has to present evidence supporting their claims. Any texts, phone recording, emails, chats, videos, and witness testimonials that support that the employee was welcoming to the conduct has a way of saving the employer.
Conclusion
An employment discrimination attorney will help both the employer and the employee to establish their facts. If you are harassed by your employer or if you are falsely accused by your employee, you can find your way to an employment discriminating attorney who will help either of you.