Employment Discrimination      Recognizing the Claim

David F. Zuppke, PLC takes the issue of employment discrimination seriously.  Whether retained to represent an employee who has been victimized by such illegal behavior or an employer falsely accused, we bring more than 30 years of employment litigation experience to the table.  By having represented both sides of these claims, we have a better understanding of what to expect.

Unlike simpler types of claims, discrimination claims are more difficult to prove or defend.  In part, this is due to the often subtle nature of discriminatory behavior.  Accordingly, careful and detailed fact finding is essential to a successful result.

As a result of litigating hundreds of these claims, we have developed an instinct for ferreting out frivolous claims from legitimate ones.  Most often, there is no effective way to settle a discrimination claim without litigation.  Because of the emotional aspect of these issues, neither side is willing to budge.

The complexity of these claims generally makes them quite expensive to litigate.  Therefore, it is important for a good litigator to recognize the strength or weakness of these claims as early as possible.  In the case of victims, we do our absolute best to avoid the questionable claims in order to avoid wasting valuable time and money.

When defending these claims for an employer, we diligently investigate the underlying facts before a case reaches a point of no return.  We avoid taking our business clients down a blind alley for the sake of endless fees.  If they've put themselves in a vulnerable position, we try to twist their arms into considering an early confidential settlement.  At trial, more often than not, jurors are employees; not employers.  Accordingly, their normal bias leans in favor of the employee.  That is a hard reality that an employer needs to recognize before allowing third parties to decide their fate.

Pre-litigation resolution is almost always worth exploring, regardless of situation.  Many times the opposing parties are simply unaware of the other party's evidence, and when disclosed in pre-suit negotiations, it often leads to smarter and just resolution.  Moreover, in a voluntary settlement, an employer can condition a settlement upon a strict secrecy agreement to prevent other employees from seeing them as an easy target.

Inevitably, discrimination lawsuits must be filed and defended.  In these situations, it is important to recognize that significant time and expense will be incurred.  However, because of the inflammatory nature and significant jury awards associated with discrimination claims, it is imperative that all appropriate expense be allocated for a successful result. 

Our law firm has litigated hundreds of employment discrimination claims.  Sometimes we represent the victim and sometimes the defendant employer.  Very often it is impossible to recognize the types of behavior that constitute illegal discrimination.  As a result of the fine line between legal and illegal conduct, many employers find themselves on the wrong side of a lawsuit and many employees are victimized as a result of not knowing what actions to take to prevent being victimized.

Civil Rights Acts

The Michigan Elliot-Larsen Civil Rights Act (ELCRA) and the Federal Civil Rights Act of 1964 protect workers from discriminatory acts of employers.  The prohibitions include:

•  Treating an employee different because of their age, race, gender, national origin, religion, disability, height, weight or marital status.

•  Punishing, terminating or retaliating against an employee because the employee complains or files suit because of discriminatory treatment.

•  Tolerating or engaging in harassment based upon age, race, gender, national origin, religion, height, weight or marital status.  This includes, but is not limited to, racial slurs, ethnic jokes, unwelcome sexual behavior, (verbal or physical), that creates an intimidating or hostile work environment.

•  Refusing to hire or firing an employee or applicant because of their protected status.

•  Refusing to reasonably accommodate the religious practices of an employee.

•  Refusing to make reasonable accommodations for an employee with a disability.

Some Practical Advice

Whether you are an employee or an employer involved in an employment discrimination situation, it is very important that you immediately seek legal advice.  It is usually an employee's obligation to report illegal behavior to the employer if they wish to take legal action.  An employer is generally entitled to notice of illegal behavior and an opportunity to stop it.

An employer is generally required to conduct an honest investigation of any complaint of discrimination.  If the employer confirms that discriminatory behavior has occurred, or is occurring, it becomes the employer's legal duty to take effective measures to stop the discrimination and to prevent future occurrences.

Anti-discrimination laws are designed to make a workplace a safe and comfortable place for employees to work.  And because the victims of workplace discrimination are usually less effective in their jobs, it benefits the employer to prevent its insidious effects.

David F. Zuppke, PLC is available to assist you if you are the victim of discrimination or the defendant in a discrimination claim.