Employment Law

Employment Defense Law FAQs

What is considered age discrimination?
Age discrimination is the illegal use of someone's age to prevent them from gaining or maintaining employment. The federal government has outlawed age discrimination for people of all ages, not just older or younger workers.

What is gender discrimination?
Gender discrimination refers to the notion that employers or potential employers can use gender to determine who gets a job, gets promoted or other benefit during the course of their work.

What is national origin discrimination?
National origin discrimination is the type of discrimination that involves the denial of equal opportunity for employment based on ancestry, birthplace, culture or characteristics of a nationality or ethnic group.

Are letters of agreement or contracts binding for wrongful termination?
In most of the United States, employment is "at-will" employment. That means that either the employee or employer can terminate a work relationship at any time without repercussion. If a contracted employee is terminated during their course of their contract, this can only be done if it is within the stipulations of dismissal outlined in the arrangement documentation.

Does the existence of a sexual harassment policy provide a defense for a company?
The existence of a sexual harassment policy alone does not defend a company against a claim of sexual harassment. That policy needs to be acknowledged and followed by the workers and enforced by the bosses or it is worthless. It is the responsibility of the management to inform their employees about the sexual harassment policy and enforce it, and help create and foster a safe and respectful work environment.

Why is the handling of sexual harassment cases considered complicated?
The handling of sexual harassment cases is complicated because they generally involve a number of factors that are difficult to define and prove. Even though most, if not all companies have codified their policies on sexual harassment, and federal and state governments have laws against it, these complicated situations can often turn on the interpretation of someone's actions as harassment.

Furthermore, sexual harassment policies are difficult to update in concert with current cultural or societal mores, which can turn an innocent act into the first steps of aggression or contributing to a hostile work environment, opening up a business to litigation and reputation damage.

Why is it important to be consistent in handling sexual harassment claims?
Consistency is important when handling sexual harassment claims because it demonstrates an impartiality and adherence to policy that can become important later on if one of your workers engages in litigation against you. By having documented, consistent handling of sexual harassment claims indicates that you are performing due fair diligence to remedy these situations when and if they come up.

What are some reasonable and realistic solutions to an age discrimination charge?
The reasonable and realistic solutions for an age discrimination charge depend greatly on the particulars of your case, the situation it occurs in and the acts you take to remedy it.

How are gender discrimination suits settled?
Gender discrimination suits are settled in a variety of ways depending on the nature of the case. They can be settled on a personal basis, in an out of court settlement, or rendered as a verdict by a judge or jury.

If you have been accused of age or gender discrimination, sexual harassment or wrongful termination in your workplace, you need to contact the San Diego employment defense attorneys at Higgs Fletcher & Mack immediately. If you delay you risk opening yourself and your company up to a number of potential consequences, and the sooner you contact us the more time we have to prepare your defense.