You made a business decision. Now an employee is calling it discrimination. It feels personal because it is. A complaint like this questions your judgment, your managers, and the workplace you built. It also costs you money from the day it arrives, whether or not the accusation is true. Southern California Discrimination and Harassment Defense Attorney Thomas S. Carter represents employers only. He deals with the agency, the employee’s lawyer, and the court, so you can get back to running your company. Schedule your discrimination defense consultation by calling (909) 296-3360.

Why Discrimination Claims

Cost California Employers So

Much

California law gives the employee most of the advantages, and plaintiffs’ lawyers know it. The Fair Employment and Housing Act (FEHA) covers companies with as few as five employees, and its harassment rules cover every employer. There is no cap on emotional distress or punitive damages. If the employee wins, you pay their attorney’s fees too. If you win, you almost always pay your own. That is why weak claims still draw large settlement demands. It is also why the complaint on your desk probably lists wrongful termination claims and wage and hour disputes next to the discrimination charge. Mr. Carter goes through each one and tells you plainly which are a real threat and which are padding. Request a claim-by-claim exposure review before you answer a demand letter.

Discrimination and

Harassment Claims We

Defend

One complaint often names several protected categories. Mr. Carter defends employers under FEHA, Title VII, the ADEA (Age Discrimination in Employment Act), and the ADA (Americans with Disabilities Act).

Discrimination Defense

● Age. A worker over 40 claims a layoff or promotion favored someone younger ● Disability and Medical Condition. You are accused of denying an accommodation or skipping the interactive process ● Sex, Gender, Pregnancy, and Sexual Orientation. A pay, promotion, or leave decision is recast as bias ● Race, National Origin, and Religion. Discipline or termination is blamed on bias, not performance

Harassment Defense

● Hostile Work Environment. An employee claims workplace conduct was severe or pervasive ● Quid Pro Quo. A supervisor allegedly tied a job benefit to sexual conduct ● Supervisor Harassment. FEHA makes your company strictly liable, even if you never knew ● Failure to Prevent. The claim says your company saw the problem and did not act Not sure what you are facing? Contact Employer Defense Attorney Thomas S. Carter for skilled legal counsel.

How We Defend Southern

California Employers, Step

by Step

● Step 1: Answer the agency. Most claims start at the California Civil Rights Department (CRD) or the EEOC. What you say there follows you into court. Mr. Carter writes the position statement and deals with the agency for you. ● Step 2: Get the facts. You need to know what happened before the other side tells its version. Our firm directs a prompt, fair investigation and advises on corrective action, which can lower your exposure. ● Step 3: Fight it in court. If the employee sues, Mr. Carter takes depositions, tests the story against your records, and asks the court to dismiss claims the evidence does not support. He is prepared to try the case. The agency deadline is already running. Contact our office before your position statement is due.

Stop the Next Claim Before

It Starts

Many of these lawsuits trace back to a decision that looked routine when it was made. A termination. A layoff. A denied accommodation request. Call before you make that decision, not after. Mr. Carter reviews high- risk personnel decisions in advance, prepares severance agreements, and tightens employment contracts and arbitration provisions. He also updates employee handbooks so your anti-harassment and complaint policies match current California law. A regular employment law compliance review catches the gaps before they become an issue. Ask about a policy and handbook review.

Why Southern California

Employers Call Thomas S.

Carter

● He only represents employers. Mr. Carter does not take employee cases, so his loyalty is never split. He also handles business litigation and disputes and business transactions, so one attorney knows your whole company. ● He works across Southern California. Mr. Carter represents employers in Los Angeles, Orange, Riverside, and San Bernardino Counties. Clients include healthcare providers, restaurants, construction companies, and professional services firms. ● He has worked inside a company. Mr. Carter became General Counsel for NationLink in 2011. He has been in the room when a company makes hiring, discipline, and termination decisions. ● His credentials are public. Member, State Bar of California #256876. Also admitted in Washington State and the District of Columbia. Member of the American, Los Angeles County, and San Bernardino County Bar Associations.

What should an employer do right after receiving a FEHA discrimination complaint? Save everything. Turn off automatic deletion of email and messages and secure the personnel file. Do not discipline, reassign, or confront the employee who complained, because retaliation is its own lawsuit. Call employer defense counsel before you respond. Can a business owner be held personally liable for workplace harassment in California? Yes. If you are accused of the harassment yourself, FEHA lets the employee sue you personally. The same goes for your supervisors. Discrimination and retaliation claims generally run against the company only. How long does an employee have to file a discrimination claim in Southern California? Longer than most employers expect. An employee generally has three years to file with the CRD, then one year to sue after a right-to-sue notice. Keep your records. How does an employer defend a hostile work environment claim? By showing what really happened. You may show the conduct did not occur as alleged, was unrelated to a protected characteristic, or was not severe or pervasive. In California, though, a single serious incident can be enough. Other questions? Email tom@tscarterlaw.com.

Talk to a Discrimination

Defense Attorney Before You

Respond

The first thing your company says about this claim stays in the record. Make sure it is said the right way. Southern California Discrimination and Harassment Defense Attorney Thomas S. Carter represents employers in Los Angeles, Orange, Riverside, and San Bernardino Counties. Request a case evaluation by completing our online form or call (909) 296-3360. Tell us what happened and find out where your company stands.