What Can an Employer Use as an Argument in an EEOC Case?

employment lawyer in the BronxYour employment lawyer in the Bronx can tell you that there are many kinds of arguments that are frequently used by employers. These vary in accordance with each specific situation. Here are some examples that a skilled employment attorney in the Bronx can explain:

  • The employee delayed making the accusation for too long
  • There are classes of discrimination alleged in the complaint that are not included in the EEOC charge
  • The offensive behavior was not pronounced or persistent
  • The offensive behavior did not affect the workplace
  • The staff member failed to refer to the employer’s guidelines for harassment
  • No objection was made to the supposed advances
  • The staff member engaged in joking of a sexual nature
  • Any bigoted remarks were offhand
  • The employee was engaged and released by the same individual (“same actor” implication in cases of prejudice on basis of age)
  • The employee was succeeded by a representative of the same minority with superior skills and abilities
  • The people being compared are in different situations
  • There is no confirmed cause
  • No adjustments were requested by the employee concerning his or her impairment
  • The worker was unable to do the job with help or without it
  • The worker did not meet the prerequisites for FMLA leave
  • The termination was with valid reason
  • There is no confirmation of valid reason (your employment attorney in the Bronx can tell you that this refers to retaliation cases)
  • There was no demotion, termination, reduction in pay or other action (your employment lawyer in the Bronx can tell you that this also refers to retaliation cases)
  • The work environment was not sufficiently negative to force a resignation from the employee
  • No effort on the part of the worker was made to minimize the damages
  • The worker’s condition was in place prior to his or her date of employment
  • The worker’s condition was caused by external factors (emotional or psychological stress)
  • The employer is using evidence learned after firing the employee that would have been sufficient cause for termination had it been known beforehand

Contact an Employment Attorney in the Bronx Today

Are you a victim of discrimination or harassment in the workplace? Make sure a employment lawyer in the Bronx is on your side by contacting the Law Office of Delmas Costin, Jr. at 718-618-0589 without delay.