What to Do If You're Accused of Discrimination

How business owners can prepare to defend against a complaint of discrimination

As told to Amy White | Reviewed by Canaan Suitt, J.D. | Last updated on January 30, 2024 Featuring practical insights from contributing attorney Margaret B. Maloney

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First, take a deep breath.

Evaluate Risks, Goals, and Protections

Determine if this is a current or former employee and whether you have insurance coverage. Avoid venting your frustrations or disparaging the charging party, particularly by email.

Identify your goals and evaluate your risks, including risks to the company’s reputation, relationships, and employee morale.

Make Sure Your Team Understands the Attorney-Client Relationship

Get legal counsel involved early to come up with a game plan. Make sure everyone involved understands attorney-client privilege and how to avoid waiving it.  

Avoid Shortcuts and Conflicts of Interest

Do not take shortcuts. Protect the company from conflicts of interest. Make decisions based on complete and accurate information. Get the facts. Understand the law. Do your homework. Do not assume. 

Secure All Relevant Evidence

Secure all evidence relating to the charge, including:

  • Hard-copy files;
  • Email, text messages, and other electronic data;
  • Recordings;
  • Calendars;
  • Telephone records;
  • Personnel files and manager files.

Do not take shortcuts. Protect the company from conflicts of interest. Make decisions based on complete and accurate information. Get the facts. Understand the law. Do your homework. Do not assume. 

Margaret B. Maloney

Keep Matters Confidential

Keep the matter confidential, except for those with a need to know. Follow applicable policies and procedures. Be intentional and discreet. Do not guess or shoot from the hip. If you have more than one path available to accomplish your goals, choose the path with the least harm to the charging party. Remember that burning down a charging party’s house might result in burning down your own. 

Margaret Behringer Maloney is an attorney at Maloney Law & Associates in Charlotte, North Carolina.

Learn more about legal issues related to discrimination claims, including:

Visit the Super Lawyers directory to find an experienced employment attorney in your area for legal advice.

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