Workplace discrimination and harassment can upend your job, career, psychological well-being and financial stability. And the damage can grow exponentially if you don’t take action to protect your interests. That’s why if you’ve been subjected to sexual harassment or workplace discrimination, then you need to take action to bring the behavior to a stop and to find accountability. Action is also required if you want to secure compensation for the harm that’s been caused to you, especially if you’ve been subjected to an adverse employment action like demotion, a missed promotion, reassignment, reduced hours or termination.
While a legal claim can give you a sense of hope and the possibility of securing a fair outcome that protects your interests, your employer isn’t going to give in easily. In fact, they might develop aggressive defenses in hopes of tamping down your claim and avoiding liability altogether. Let’s look at some of those defenses so that you have a better understanding of what you may be up against.
Be ready to face these defense arguments in your employment law case
There are several defenses that employers can rely upon to try to defeat sexual harassment, workplace discrimination and retaliation claims. Here are some that you’ll want to be on the lookout for as you build your case:
- Poor performance: This is probably the most commonly utilized defense. Here, the employer simply argues that the action they took against the employee was based on poor performance rather than for discriminatory purposes or out of retaliation for reporting sexual harassment or discrimination. To counter this defense, refer to favorable performance appraisals and gather any written compliments that you received from your supervisor and co-workers.
- Bona fide occupational qualification: Although an employer’s actions may seem blatantly discriminatory, they can get away with it if they can show that the alleged discriminatory action relates to an essential function of the job in question. A classic example of this would be a requirement that applicants for a position lift a certain amount of weight, which would unfairly discriminate against women. But if the job in question requires lifting a large amount of weight daily, then that requirement likely won’t be deemed discriminatory. Really scrutinize these requirements to see if they’re truly necessary for the job at hand.
- Breach of contract: If you’re employment is contractual in nature, then your employer may try to find a way to argue that you breached the terms of the employment contract, thereby sidestepping accusations of discrimination, harassment or retaliation. Make sure you’re familiar with the terms of your contract and can speak to how you abided by its terms.
- Misconduct: An employer is justified in taking an adverse action if it’s based on employee misconduct. This can be true even if they find out about the wrongdoing after the fact. So, make sure you know whether your case is vulnerable in this regard, and if it is, find ways to mitigate the damage this defense could do to your claim.
Fight to hold your employer accountable for the harm they’ve caused to you
You only get one shot to present your employment law claim and seek the accountability and compensation you deserve. Therefore, be thoughtful and aggressive in building your case. Don’t let your employer’s confidence rattle you, either. With a solid legal strategy on your side supported by the evidence, you can build your confidence and position yourself for the outcome that you want. So, if you have lingering questions about the best way to approach your claim, then now is the time to seek out answers.
