Tuesday, February 01, 2011

IF YOU ARE FILING A DISCRIMINATION COMPLAINT - BE PREPARED

If you file a legal complaint against your employer for sexual harassment, or other claims of hostile workplace, you need to know what type of response the defendants will submit to the courts. It is important to keep good employee records.

-- First, the defendant will deny all the allegations

-- Defendants will then argue:

-- "Disciplinary actions taken against plaintiff, including termination, were based upon legitimate, non-discriminatory reasons."

-- You failed to report the alleged sexual harassment.

-- You "unreasonably failed to take advantage of any preventive or corrective opportunities provided by defendants in response to the alleged sexual harassment or other alleged behavior identified in her complaint."

-- "Defendants exercised reasonable care to prevent and correct promptly any sexually harassing behavior or other harassing behavior."

-- "The sexual harassment or misconduct alleged by the plaintiff against these answering defendants, if any, was not harassing, as any such conduct was consensual and welcomed by the plaintiff."

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