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Validity of Termination: Successful Defense?

What if you, as the employer, made a termination decision that favors one gender over another? Or if it just appeared that way? SHRM states that the true belief in the validity of an employment decision can be enough grounds for dismissing a gender-discrimination lawsuit.

If an employer reasonably relies on the cold hard facts in making employment decisions, the appeals court entitles business owners to a summary judgment on pretext. The determination is based on if the employer made a reasonably informed decision before taking adverse employment action. Based on the court’s actions, every circumstance surrounding infractions by either gender can be justifiably different disciplines.

“Unlawful discrimination arises in the treatment of individuals, as well as in the impact that a policy or procedure has on a protected class. Employers should undertake reasonable investigations and exercise due diligence before implementing a decision that impacts an individual’s employment.” SHRM

Final point: create a policy that is enforced for all employees. Gather the facts of the infraction and document every incident. Update your company handbook to reflect non-discrimination within the workplace. Need help? We can do that!

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