Sidney L. Gold and Associates, P.C.

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Philadelphia Discrimination Defense Lawyers 

When a Philadelphia Employment Law Defense Lawyer Can Help

The Philadelphia employment law defense lawyers at Sidney L. Gold & Associates understand how costly and time consuming it can be to defend against a discrimination claim.  When employees feel that they have been refused an interview or a job, been denied a promotion, or have been terminated from a job because of their race, sex, age, religion, or disability and they file a discrimination claim with the Equal Employment Opportunity Commission (EEOC). An employer has no choice but to provide the best defense against the discrimination claim possible.   Investigation, mediation, and possible litigation can make an employer’s defense a very prolonged and expensive venture.

The best way to avoid discrimination claims is to prevent them through ethical yet cautious employment policies and procedures.  Our Pennsylvania and New Jersey employment defense attorneys in Philadelphia provide expert knowledge and experience in all phases of the employment process.  Beginning with the interview stage and moving through the employment relationship and termination, our team of employment defense lawyers will ensure that your interests are protected against discrimination claims.  When a discrimination claim is filed against an employer, however, our experienced, knowledgeable Philadelphia employment defense lawyers are equipped to provide skilled legal representation in all phases of the litigation. Our New Jersey employment lawyers are extremely knowledgeable and experienced with the New Jersey Law Against Discrimination and have represented countless employees and employers in employment law and discrimination cases in New Jersey.

Prevention of Discrimination Claims Proves Best Defense

Under the Civil Rights Act of 1964, it is unlawful for an employer to discriminate against an individual because of their age, sex, race, religion, or disability.   An employer with more than 15 employees is responsible to provide equal employment opportunities to all individuals who meet the criteria for a position in their company.  If an employee feels that they were treated unfairly and file a discrimination claim, it is up to you to prove that you acted within proper and lawful procedures.  If an employer is in doubt about any policy, action or planned action that might result in a discrimination claim, it is best to consult with a discrimination defense lawyer, such as one of the PA employment lawyers at Sidney L. Gold & Associates in Philadelphia. Our highly skilled and knowledgeable New Jersey employment lawyers will help you consider several factors in the prevention of discrimination claims:

  • Policies and Procedures:  All executive and administrative employees need to fully understand your company policies on discrimination, and your procedures for carrying out your policies.  Lower level employees must also have a clear perspective on the company’s policies and procedures on discrimination.  These should be posted throughout the company and readily available to all employees.
  • Detailed Record Keeping:  It is imperative to keep detailed records on an employee’s job performance.  Lateness, behavioral warnings, work quality, attendance, and employee reviews can all be used as evidence to dispute a discrimination claim that goes to mediation or trial.  These documents are essential for the employer to prove that the employee’s job performance, and not discrimination, was a key factor in the employer’s decision making process.
  • Awareness of Discrimination Laws and Protected Classes:  All employers need to provide sufficient information to their employees on the current statutes of discrimination laws, and which classes are protected under the law.  Failure by your employee to adhere to the laws when relating to another employee can result in a tough defense for the employer.

Our Philadelphia Employment Lawyers Will Provide an Aggressive Defense against a Discrimination Claim

Even with the most meticulous prevention strategies in place, employers will sometimes find themselves defending against a discrimination claim. Unfortunately for the employer, the burden of proof falls on them to prove that their actions and decisions were non-discriminatory, and would have been the same toward any employee in a similar situation.   When an employee files their discrimination claim and it is found to be valid by the EEOC, the case first goes to a mediator.  The Pennsylvania employment defense lawyers at Sidney L. Gold & Associates have years of experience dealing with mediators, and can provide you with expert advice and representation during this phase.  Our New Jersey employment lawyers will prepare your records as evidence, solicit witness testimony if necessary, and advise you throughout the mediation process.  If mediation is unsuccessful, the case would then go to trial, and again, our NJ employment attorneys would provide you with excellent and experienced representation.

Defenses in Discrimination Suits

There are several key defenses in employer discrimination suits, including:

  • Bona Fide Occupational Qualification (BFOQ):  This defense is based on a legitimate limitation on qualification for a job within your company.  For instance, there are mandatory retirement ages for pilots, which limit the jobs available by age.   In a trial, this would be considered a legitimate disqualification from employment as opposed to an age discrimination claim.  Most BFOQs are related to age or sex limitations because those based on race, religion, or disability would be a clear case of discrimination of a protected class.
  • Employee Performance:  An employee’s job performance is a key defense when fighting a discrimination claim about wrongful termination from a job based on discrimination.  Detailed employer records on the employee’s ability to follow company policies, instances of insubordination, or high absence rates are vital in proving that the employee’s termination was not based on discriminatory reasons.  Most successful outcomes against discrimination claims come from this type of defense.
  • Failure to Notify Employer:  Before filing a discrimination claim with EEOC, the employee needs to show that they notified the employer of the situation.   The employer must have sufficient notification that the problem exists, and be given reasonable time to address the situation before a claim can be investigated.  Failure to notify the employer properly can easily result in the claim being denied.
  • Failure to Meet Statutory Requirements:  If an employee fails to meet the criteria required, their claim would be invalidated by the EEOC.   In most cases where this defense has been successful, the employee failed to adhere to strict deadlines for filing a claim, or the situation does not meet other requirements, such as the number of employees in a company.   If the claim is denied, the employee has the right to personally sue the employer, but this can be very costly to the average employee.

Sidney L. Gold & Associates – Philadelphia Discrimination Defense Lawyers in Pennsylvania & New Jersey

If you have had a discrimination claim filed against you or your business in Pennsylvania or New Jersey, or if you want to work on preventing discrimination claims, the Philadelphia employment defense lawyers at Sidney L. Gold & Associates can help you.  We will work with you to establish clearly written policies and procedures. We will help to train your management on the most current information regarding discrimination law and protected classes; and we will represent you throughout all phases of employment, termination, mediation, or litigation.  Our Philadelphia discrimination defense attorneys will help prevent, as well as defend against discrimination claims.

With offices conveniently located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.  Call our office today at 1-215-569-1999 or contact us online to discuss how our employment defense attorneys can help you prevent and defend discrimination claims in your business.  Our discrimination defense lawyers are well-equipped to provide the knowledgeable, experienced legal representation you need for a successful outcome.  Don’t hesitate, call our New Jersey employment lawyer today.

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