Employers Can Win in Court

The process of hiring and firing can be tricky waters to navigate. Especially for small employers who do not have the luxury of an Human Resources (HR) department or lawyers standing by to support them. EEOC litigation statistics FY 1997 through FY 2010 shows 271 suits were filed in 2010. Down from a high of 465 in 1999. Charges for violations of Title VII of the Civil Rights Act of 1964 (this would include race, religion and sex-based charges), FY 1997 through FY 2010, peaked in 2010 with 73,058—and 64.8 percent of those charges ended with no reasonable cause.

Although, EEOC filings were up in 2010 and employees are quick to take employers to court, there are times when the courts side with the employer. Here are a few examples from the past year.

• January 2010-The Iowa Supreme Court ruled in favor of an employer who refused to rehire a pregnant employee. The employer claimed that poor performance was the reason for termination, not the pregnancy.
• March 2011-Sixth Federal Circuit Court of Appeals ruled that an employer’s request for a general diagnosis of the employee’s illness and ability to return to work does not violate the Americans with Disabilities Act.
• April 2011-The Superior Court of Orange County, California, found that an employer’s termination of a disabled employee for threatening conduct was non-discriminatory, even if caused by a mental disability.
• May 2011-the 11^th Federal Circuit Court of Appeals held that the Bankruptcy Code allows private employers to deny employment to persons on the grounds that they are, or have been, in bankruptcy.
• June 2011-The Washington Supreme Court ruled for the employer in a medical use of marijuana case. The employee sued because she was terminated for failing a company drug test, claiming that she is protected under Washington’s Medical Use of Marijuana Act.

Do not be afraid to take action against a bad employee. Don’t regret hiring the questionable employee that now has become someone that needs to be terminated. While it is always important to keep employee rights in mind, employers also have rights. It may be a long process, but the courts will rule for the employer.

Two ways to protect against lawsuits and going to court are training and documentation. Employers and supervisors need to be well trained and verse in employee rights. The employer has to ensure that the workplace is safe and conducive to EEOC regulations. All employee/employer interactions have to be documented. There’s an old saying that if it isn’t written down, it didn’t happen. That comes into play during litigation. The employer’s documentation of what transpired and the employee’s performance record are always reviewed. How well the incidents are documented may improve the employer’s chances of success in court.

Remember, don’t guess or try to tip toe through a difficult employee situation. Some decisions or actions can’t be reversed. If you are unsure, always contact your attorney or HR professional.