Do Some Types of Discrimination Have Unique Defenses?
While you can defend against most discrimination claims using a variation of the above defenses or exceptions, some types of discrimination have unique defenses. For example: • Sexual Harassment You can defend against such charges by proving you took reasonable care to prevent or promptly correct harassing behavior and the employee unreasonably failed to use your anti-discrimination policy, or to otherwise avoid or reduce any harm done. You may also defend against such claims by proving the harasser would or has harassed both sexes alike. • Disability You can defend against most charges of failure to reasonably accommodate an employee’s disability by proving doing so would cause undue hardship.How Will My Employee Attempt to Undermine My Defense? Even if you establish a defense to employment discrimination charges, the employee will have a chance to prove that: • Your defense is mere pretext for actual discrimination • There are other employment practices that would not have a discrimi