Civil Right Litigation
Sepahi Law Group, APC
Lawyers, Attorneys, law firm
Your company may be accused of violations of Civil Rights laws for overt discrimination, such as refusing to hire people of a given race or gender. Sexual harassment, including quid pro quo harassment cases, also fall within the broader category of civil rights litigation.
However, there are also other types of civil rights cases where the issues become much murkier. For example, hostile work environment discrimination cases arise when a worker is made uncomfortable as a result of his protected status.
A worker who feels as though coworkers are creating an unpleasant work environment because of race, gender, religion, national origin or other protected status could sue your company and try to make your business responsible. When this type of litigation occurs, it is essential to demonstrate that your business had policies in place designed to prevent the creation of a hostile work environment. If you had a viable procedure in place for the employee to make a grievance and the employee chose not to act, you could potentially avoid legal liability.
Disparate impact cases are another complex type of civil rights litigation. A disparate impact case arises when your business has a facially neutral employment requirement that has an unfair impact on members of a protected class. For example, a test of strength that ends up disqualifying more women could give rise to a disparate impact case. Defending yourself in such cases involves demonstrating a bona fide occupational need for the job requirement or showing that no disparate impact occurred.
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