Expert Employment Defense

At Hendrickson and Long PLLC, our firm defends West Virginia employers against charges of unlawful discrimination in the workplace. An employer’s discretion involving many aspects of managerial tasks is regulated by both state and federal law.

Certain Federal and West Virginia laws act to limit the basis for an employer’s decision. These statutes create protected classes of employees including characteristics like color, race, national origin, gender, religion, pregnancy, disability, age or genetic trait. Additionally, some employment discrimination laws create protected activities including whistleblower shelters for filing claims or making reports. These legal shelters can give rise to retaliation claims should an employee experience an adverse employment action after engaging in a protected activity.

With decades of experience, our firm has established a sophisticated understanding of how to litigate allegations of discrimination and efficiently resolve disputes. Our team of experienced attorneys will act fast to promptly investigate the merits of any employment claim, and, should there be any, use well tested methods to ensure your business’s financial exposure is minimized.

Defense for Discrimination Claims Brought Under Federal Law

A series of statutes serve to create the layout of Federal Discrimination Laws. Hendrickson and Long PLLC offers scholarly counsel regarding any claim brought under any statute. Among them are:

        -Title VII of the Civil Rights Act;

        -The Americans with Disabilities Act (ADA);

        -The Age Discrimination in Employment Act (ADEA);

        -Genetic Information Nondiscrimination Act; and

        -The Family and Medical Leave Act (FMLA).

Proper Preparation Can Be the Best Defense

Written workplace policies should be created consistent with existing laws and applied fairly across the board to prevent allegations of discrimination. Up-to-date legal advice is vital to designing proper hiring, discipline, promotion, and termination procedures that comport with the law. Additionally, workplace sexual harassment policies should be written and distributed to employees to avoid hostile work environment claims. Our firm offers expert advice on designing and implementing new policies, and will evaluate policies already in use.

Discrimination Claims and Defenses

Many different varieties of claims can be brought by employees, each with their own unique legal considerations and evidentiary burdens. Among the most often seen are disparate treatment, disparate impact, retaliation, and sexual harassment claims.

In response to such claims there are several legal defenses, besides demonstrating that the allegations are false, that are available to employers. These defenses include an expiration of the statute of limitations, poor work performance, failure to meet notification requirements, and bona fide occupational qualifications.

Employment discrimination law is a complicated sector of American jurisprudence. It takes a certain level of aggression and familiarity with the law to properly bring complaints to a satisfactory conclusion.

Hendrickson and Long PLLC represents companies of all sizes in state and federal court. We offer direction on compliance with the law and defend against any claims should they be brought despite your most conscientious efforts. Rely on our decades in business to guide you. Don’t hesitate to contact us at our Charleston office at 304-346-5500 and let us know how we can serve your legal needs.