Defenses
There are various defenses to the many types of claims in discrimination lawsuits. Here are two examples:
“Legitimate non-discriminatory reason”
An employer may prevail in overcoming a prima facie case of discrimination by showing the court that it had good cause or a “legitimate non-discriminatory reason” for its action. For example, an employer may respond to an employee alleging a discriminatory firing by proving the employee was in fact fired for legitimate reasons.
However even where an employer has a legitimate non-discriminatory reason, if the evidence shows that a motive for the termination was unlawful, the employee prevails.
Bona Fide Occupational Qualifications.
Under Title VII, an employer may select employees on the basis of relation, sex or national origin in those instances in which it is a bona fide occupational qualification (BFOQ). For example, a church can refuse to hire a pastor who is of a different religion. BFOQs are rare and narrowly construed.
Proving discrimination and wrongful termination is a delicate task. Your lawyer must be familiar with the intricacies of the laws, the statutes of limitation, the physical and emotional effects of litigation on her clients, the interaction of various laws, and the rules of procedure in your state. You need an employment lawyer to review your cases.
Approximately, eighty-ninety percent of my case load at any given time is employment discrimination and wrongful termination cases. If you are concerned about discrimination, wrongful termination or retaliation, you need to consult with an employment lawyer.