What should an employer do when accused of discrimination?

Answer 1

Most important: don't have any further conversations with the employee on this subject unless another manager is present to witness.

The above advice is awful: calling EEOC is an invitation for trouble. EEOC is always your adversary, they are never your attorney. You must call your human resources person and legal council immediately. The effects of a discrimination suit can be devastating. It's quite possible to find yourself in deep, even if you had no intention to discriminate.

Answer 2

If an employer is accused of discrimination, he should make sure that he has all the evidence that he can get his hands on to prove that is not true. For example, late for work, not showing up, poor work performance etc. If you can try to show that it is retaliation of some sort. Start creating a paper trail NOW and make sure you have someone you trust with you everytime when you speak to this person.

Answer 3

Talk it out with the person. If the employer is really discriminating, he/she needs to correct that behavior, as it will only cause legal trouble in the future and I'd sure want to know why my actions were considered discriminatory.

If he/she feels, after discussion, that they have been accused wrongly, there are many, many lawyers that can fight it, and allegations of discrimination are often hard to prove.

Answer 4

An employer has many ways to get around this one. An act of discrimination is hard to prove. It is up to the one doing the accusing to prove it. Darn hard to do unless the employer is ignorant of the law.

Answer 5

Only if he specifically used ethnic slurs or other discriminatory remarks, or if you can demonstrate to a court that he treated you worse than the other employees because of your race, gender, religion, handicap, or marital status. If he made any degrading sexist comments, you could sue for sexual harassment. Otherwise, here in the U.S. a boss can be as mean as he wants to be and doesn't legally need to have any reason at all to fire you, unless you have a contract with the company that protects you from arbitrary dismissal. You could try to speak with a labor attorney about the possibility of filing a lawsuit for "wrongful dismissal", but I think that's a long shot. And contrary to what "Too much information" above says, verbal abuse isn't illegal unless physical threats are made or if he's out in public and disturbing the peace.

Answer 6

First of all, make sure that all company rules and policies are being applied consistently to all employees.

I would then contact my local EEOC office (you can find the phone number at the link below) and speak to one of their representatives. The affected employee will likely file an EEOC claim to begin with, and you may be able to "head the problem off at the pass" without having to retain counsel.

If you think your company has actually discriminated, I would retain counsel immediately.

Answer 7

Review the employee's performance and attendance records, in addition to having the Human Services Dept and EEO look into the matter.
Ask your legal council to get a credit rating on this employee since a financial settlement is usually their motivation.
Oh we had a few like that before and once their cover was blown they willfully went on their way.
Now mind you there are also legitimate cases and that is deplorable!

Answer 8

get a lawyer and tell the accuser to prove it

Answer 9

Buy large amounts of Vaseline

Answer 10

what kind of discrimination?