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Understanding the Process for Defending Against a Charge of Discrimination
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2726 S. Brentwood Blvd. St. Louis MO 63144

Understanding the Legal Process for Defending against a Charge of Discrimination

Employment Discrimination Defense Law Firm

Receipt  by a company of a charge of discrimination filed with the EEOC or a state agency, such as a Commission on Human Rights, can come as a great surprise to management of a company.  In some instances, there may have been a long history of problems with the employee prior to the filing of the charge of discrimination.  Even in such instances, the actual filing by the employee and receipt of the charge by the employer can still be received with feelings of dismay and disappointment from management.  In other cases, the charge of discrimination came without any warning at all from the employee.  Attorney Kevin J. Dolley works with employers, many of whom have never before been the target of accusations of discrimination, retaliation or wrongful termination, to defend against the charge and maintain the company's good name.      

Responding to the Charge of Discrimination

Some employers, without the aid of legal counsel, immediately respond to the charge of discrimination or completely ignore the claim.  Neither of the above approaches is the best way to address the charge of discrimination.  The initial response to the charge of discrimination is important and can affect the ultimate outcome of the case.  The Law Offices of Kevin J. Dolley takes the defense of employers against charges of discrimination very seriously and works to address and refute the allegations made in the charge of discrimination.  Mr. Dolley advises companies to timely and appropriately address charges of discrimination from the outset of the case.  Companies that address the allegations "head-on" have the most successful outcomes by either defeating the charge or significantly minimizing liability

Asserting the Company's Non-Discriminatory Basis for its Conduct

Appropriate investigation and review of all non-discriminatory reasons for the company's actions is key to defending against the claim of discrimination.  A company that fails to properly document and present to the EEOC or Human Rights Commission, such as the Missouri Commission on Human Rights, the full reasoning behind its actions will likely have difficulty raising such legitimate defenses at a later time.  Further, our Firm gives management perspective as to how the company's defense may be viewed by the EEOC or Human Rights Commission.  What may appear to the company as a legitimate and reasonable explanation, may be met with concern by the EEOC or Human Rights investigator.  Attorney Kevin J. Dolley works to ensure that the company's position is understood and fully developed as part of the administrative investigation process.

Reviewing the Charge of Discrimination

When reviewing a charge of discrimination on behalf of an employer, Attorney Kevin J. Dolley first evaluates and advises employers on possible procedural defects with the charge.  An employer may employ fewer than the needed number of employees to be charged with discrimination or the charge of discrimination may not have been timely filed.  Mr. Dolley further works with management to review documents and ensure that all information that supports the company's actions is preserved.  Courts have increasingly required companies to maintain documents related to discrimination claims and have broadened the required production of "electronic documents," including emails and other computer-based information in discrimination cases.

Internal Company Investigation by Company Legal Counsel

Attorney Kevin J. Dolley conducts company investigations following accusations of discrimination to ensure that the company is fully able to develop and articulate its defenses.  Such internal investigation may include review of the claimant's personnel file and meeting with the decision-makers and witnesses to fully understand the basis for and defenses to the claims of discrimination.  Based on our Firm's review of the case, Mr. Dolley will provide the company with an assessment of its legal position and defenses. 

The Company Position Statement to the EEOC or Human Rights Commission

The EEOC or Commission on Human Rights will likely request that the employer provide a position statement in response to the charge of discrimination.  The position statement is an important document that lays out the employer's defenses to the charge of discrimination.  The Law Offices of Kevin J. Dolley has successfully drafted company position statements that fully articulate the company's legitimate, non-discriminatory basis for its actions in response to allegations of discrimination, retaliation or wrongful termination.

On Site Investigations

The investigator for the EEOC or Human Rights Commission may conduct an "on site" investigation and interview company employees about the allegations made in the charge of discrimination.  Attorney Kevin J. Dolley works with management to prepare for "on site" investigations.  

Employment Discrimination Defense Counsel

For a more complete discussion regarding your company's defense against a charge of discrimination, please feel free to contact Attorney Kevin J. Dolley directly at (314)645-4100 or by email at kevin@dolleylaw.com.   

 

 

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.
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