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Preparation Vital to Defending Against a Discrimination Charge

By Employers Council Staff posted 07-06-2023 11:17 AM

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Charges of workplace discrimination received by the Equal Employment Opportunity Commission (EEOC) increased by nearly 20% in 2022 compared to the prior year. Employers need to take active steps to prevent charges, as well as steps to protect themselves when charges come across their desk.

The steps can range from training, anti-discrimination/harassment policies, and appropriate discipline when necessary. However, an employer’s preparation doesn’t end there. No matter the preventive measures taken, employers should also prepare for the unfortunate situation in which they do receive a charge.

If you receive a charge of discrimination from an ex-employee, hopefully, your first response is to contact Employers Council. We have a wealth of experience dealing with administrative agencies and handling these types of charges and can guide you through the process from start to finish. When you call, an Employers Council attorney will provide you with some initial information that includes advice to contact your Employment Practices Liability Insurance (EPLI) carrier if you have one. An EPLI is an insurance carrier that provides coverage to employers for claims related to your employment practices, including discrimination and wage claims.

The main reason to contact your EPLI carrier is to inform it of the charge. You will also want to ask some questions to make sure you understand the situation. Here are some questions you may want to ask your EPLI carrier:

What is the deductible for EPLI coverage? (A deductible is the amount the insured must pay before insurance kicks in.)

What costs count toward the deductible?
Does your carrier have preferred attorneys?
Do you need to use their preferred attorney or any attorney at all during the administrative stage?
What happens if you use another attorney?
Can you recommend or use another attorney?

If you do not have EPL Insurance, your choice of an attorney is just as important. You can ask the following questions of any prospective attorney:

Do you practice in employment law?
Do you have experience responding to charges of discrimination?
Do you have a minimum billing requirement?

Does your rate change for litigation or at trial?

Additionally, after receiving a charge, you have an obligation to maintain evidence related to the charge. It may be helpful to gather the handbook, policies, personnel file, emails, and any performance documentation related to the incident.

Taking steps now will better prepare you for the defense or resolution of a potential charge. For more information about what to do if you receive a charge of discrimination, check out this free eByte video, give us a call at 800-884-1328, or send us an email. You can also learn more by exploring our online discrimination resources.