DISCRIMINATION DEFENSE
Count On Our Team to Protect Your Interests
MODESTO DISCRIMINATION DEFENSE ATTORNEYS
Defending California Employers Against Unfounded Discrimination Complaints
Federal and state laws strictly prohibit employers from discriminating against workers based on race, color, national origin, ancestry, gender, religion, disability, pregnancy status, marital status, age, or sexual orientation. Discrimination includes a wide range of conduct, such as refusing to hire, denying promotions, engaging in harassment, retaliating against employees, forcing constructive termination, or wrongfully terminating someone. Essentially, any action that negatively affects an employee because of a protected characteristic may qualify as unlawful discrimination.
Although individuals who lose job opportunities or suffer harm due to illegal discrimination can seek compensation, not every accusation reflects the truth. Many claims are exaggerated, unsupported, or strategically filed. Because of this, our Modesto discrimination defense attorneys work aggressively to defend employers against unfounded allegations and protect their long-term business interests.
At Swingle, Van Egmond & Heitlinger, our legal team provides strategic and decisive representation for California employers. Even though we operate as a smaller firm, we consistently deliver results comparable to large law firms. Moreover, our attorneys bring years of experience and a strong history of achieving successful outcomes for clients throughout the region.
If you want knowledgeable and effective representation, our team is ready to help. Call 209-522-2211 or contact us online to schedule an initial consultation.
TYPES OF EMPLOYMENT DISCRIMINATION
An employee may claim discrimination when they believe your company terminated them, retaliated against them, denied them a job, or treated them differently because of their membership in a protected class. These laws apply both in the workplace and during the hiring process. Therefore, you must avoid making employment decisions based on age, religion, disability, race, national origin, gender, pregnancy status, or any other protected characteristic.
When your company interviews candidates, you should ask each applicant the same set of job-related questions. Additionally, you must avoid questions that could appear harmless but create the impression of discrimination.
Questions you should avoid asking during a hiring process include:
- Are you married?
- What is your maiden name?
- Do you have (or want) a family?
- How old are you?
- When did you graduate high school?
- Where are you from?
- Do you have a disability?
Employers can face claims involving intentional discrimination or policies that unintentionally create discriminatory effects. In fact, the law does not excuse a policy simply because the employer had no discriminatory intent. If the result creates unequal treatment, the employer can still face legal consequences.
Policies that may be considered discriminatory include:
- Failure to remedy a hostile work environment in which race or other legally protected characteristics are ridiculed, stereotyped, or demeaned
- Dress code policies that interfere with an employee’s religious practices
- Arbitrary and unreasonable physical requirements that exclude women
- Employment advertising, policies, and practices that effectively discourage members of certain groups from applying or participating
- “English only” policies when communicating in English is not an essential component of the job
These examples represent only a portion of the claims employers may confront. Because discrimination cases involve complicated laws and sensitive issues, you need experienced Modesto discrimination defense attorneys who can navigate these legal challenges effectively.
RESPONDING TO DISCRIMINATION ALLEGATIONS
When employees believe they experienced discrimination, they may file a complaint with your HR department. You should always take these internal complaints seriously. Addressing their concerns promptly and respectfully often resolves the matter before outside agencies become involved.
However, employees may also file a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC). After the employee files a claim, the agency notifies your business and launches an investigation.
During this period, you must avoid any action that the employee—or the agency—could interpret as retaliatory. Do not terminate, demote, or discipline the employee before speaking with our team at Swingle, Van Egmond & Heitlinger. Similarly, treat any employee involved in the investigation with caution to prevent additional allegations.
The EEOC or DFEH may attempt to negotiate a settlement between your company and the claimant. If the agency does not resolve the matter or chooses not to pursue it, the employee may obtain permission to file a private lawsuit.
Throughout the investigation, negotiation, and litigation stages, our Modesto discrimination defense lawyers protect your interests at every turn. We focus on preserving your reputation, presenting accurate evidence, and dismantling unfounded allegations. Because we prepare every case thoroughly and negotiate strategically, we consistently work toward the strongest possible outcome for your business.
Do not wait to take action. Call 209-522-2211 or contact us online right away if your company faces discrimination allegations.
“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”
- James M.
