october 2014 Newsletter
Everyone Worries About Law Suits
No matter how careful a company may be the owners are always worried that they may be sued at some point. Of all the lawsuits out there employers seem to be most worried about discrimination claims. Many employers feel that they could do everything correctly and still lose a discrimination case due to a sympathetic jury!
While the risk of being sued may be high, it is nice to know that there is a simple defense that has helped countless employers win discrimination cases. This defense is called the "same-actor inference."
The "Same-Actor Inference"
The "same-actor inference" is a common sense rule the courts often look at. The logic goes like this:when the same person both hires and fires an employee it is unlikely that a discriminatory reason motivated the termination.
The courts say that it is unlikely that the same person who hired someone would fire them for a discriminatory reason; otherwise, they would have simply not hired the employee in the first place.
This does not mean that the same actor COULD NEVER discriminate, just that it is unlikely that they did. While this inference doesn't create an automatic win, it does start the employer on a better playing field than the claimant.
With all the things business owners and supervisors have to worry about we thought we could tell you a little bit of good news!
Note: if an employee claims discrimination do not simply rely on this defense! It is still important to contact HRS or your legal counsel to help guide you through the matter. As noted above, this is only an inference and it can be overcome.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
No matter how careful a company may be the owners are always worried that they may be sued at some point. Of all the lawsuits out there employers seem to be most worried about discrimination claims. Many employers feel that they could do everything correctly and still lose a discrimination case due to a sympathetic jury!
While the risk of being sued may be high, it is nice to know that there is a simple defense that has helped countless employers win discrimination cases. This defense is called the "same-actor inference."
The "Same-Actor Inference"
The "same-actor inference" is a common sense rule the courts often look at. The logic goes like this:when the same person both hires and fires an employee it is unlikely that a discriminatory reason motivated the termination.
The courts say that it is unlikely that the same person who hired someone would fire them for a discriminatory reason; otherwise, they would have simply not hired the employee in the first place.
This does not mean that the same actor COULD NEVER discriminate, just that it is unlikely that they did. While this inference doesn't create an automatic win, it does start the employer on a better playing field than the claimant.
With all the things business owners and supervisors have to worry about we thought we could tell you a little bit of good news!
Note: if an employee claims discrimination do not simply rely on this defense! It is still important to contact HRS or your legal counsel to help guide you through the matter. As noted above, this is only an inference and it can be overcome.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
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