Utah Employment Discrimination Attorney Ken Parkinson. Call/Txt (801) 373-6345.
How to Respond to a Charge of Discrimination
Receiving a charge of discrimination letter from the Utah Anti-Discrimination and Labor Division (UALD) or the federal Equal Employment Opportunity Commission (EEOC) can be stressful and confusing for a small business owner. These letters often begin something like this:
Enclosed you will find a copy of a Charge of Discrimination which has been filed against your company. A copy of this charge has been forwarded to the EEOC and is also recognized as a charge filed under its federal jurisdiction. Because of this, the Charge may be waived to the EEOC for processing….
It is not the end of the world, but you must respond cautiously to ensure that you protect your small business’s reputation and rights. In this blog post, we will discuss what to do if you find yourself facing a charge of discrimination from the UALD and how Ken Parkinson and Howard Lewis and Petersen can help you in this challenging process.
Understanding the Utah Anti-Discrimination and Labor Division (UALD)
The UALD is responsible for enforcing Utah’s anti-discrimination laws, which prohibit discrimination in employment and housing based on protected categories, such as race, religion, gender, and disability. When someone files a complaint with the UALD alleging discrimination by your small business, it triggers an investigation process that can have dire consequences if not managed correctly. So, how should you respond to a discrimination charge?
Read the Charge Carefully:
You receive about 10-20 pages of information with a charge, but the most important thing you receive is the charge of discrimination. The charge gives the details about the alleged discrimination in your case. Is it a title VII case (race, national origin, sex, sexual harassment, or a disability claim)? Is it a claim that you violated the ADEA (an age discrimination claim)? Is your employee or former employee claiming that they were discriminated against due to a pregnancy? Are they claiming that you retaliated against them for reporting discrimination? Carefully review the charge to understand the specific allegations made against your business. You must understand the charge before crafting a response.
Act Promptly:
If you receive a charge of discrimination. Take the matter seriously. Do not ignore it. Look for the deadlines provided in the letter. Put them in your calendar right away so that you are sure to respond within the specified time. If for some reason you didn’t receive the letter within a few days from mailing or if you need extra time to investigate, you can ask for additional time. If you do not respond, the Utah labor division will not have the opportunity to hear your side of the story. Without your input, an adverse ruling could be issued against you.
Gather Information:
Go back and read the charge again. Have you already investigated this claim? Is that documented? Gather that documentation. Do you have a discrimination policy? Did the claimant follow that policy? Who has information about the charge? You need to find out what those people have to say. Collect all relevant documentation, including employment records, policies, and any other evidence that can support your defense. Conduct any necessary investigation of the claims. Now you are ready to respond to the Request for Information.
Respond to the Request for Information:
The letter includes a Request for Information which asks thirteen questions with several sub questions. The request for information includes questions about the charging party’s job description and work performance and asks for a copy of your employee handbook along with other questions. If you do not have the information to respond to each of the questions, that usually means that your investigation is incomplete. Your responses should objectively answer each question and not be unnecessarily argumentative or derogatory.
Consult an Attorney:
You should have an attorney review your responses. Employment laws are intricate and full of traps for the unwary. Ken Parkinson at Howard Lewis and Peterson is an experienced employment and discrimination law attorney. He can explain the process to you so that you know what is going on and what is happening next. Howard Lewis and Peterson is Utah county’s oldest law firm. Ken Parkinson has been practicing law for over 29 years. He practices employment and personal injury law. He can help guide you through this process.
Ken Parkinson can help you prepare a response and represent your business in negotiations or hearings. He can analyze the allegations and evidence, develop a legal strategy, and represent your interests throughout the process.
Ken helps his small business clients draft a comprehensive response to the discrimination charge, addressing each allegation and presenting your side of the story.
Be Prepared for Negotiation and Mediation:
The letter from the UALD includes an invitation to mediate the case. That gives you a chance to resolve the matter quickly. You do not have to take part in the mediation. You can opt out. That is a good strategy in some cases.
In appropriate cases, you will want to take part in the mediation, Ken Parkinson can engage in negotiations or mediation to resolve the issue without going to a formal hearing. Mediation can save time, money, and preserve your business’s reputation. Sometimes in mediation you can find a unique alternative that resolves the case. Ken has the experience to tell you whether an offer is reasonable or not. He has years of experience mediating cases and can guide you through the process. He can make recommendations about whether it is better to settle or walk away from negotiations.
Cooperate with the Investigation:
If you do not resolve the complaint at mediation, the UALD appoints an investigator who investigates your case. The investigator is the factfinder who makes the preliminary decision. The investigator may ask for additional documents and will likely want to interview witnesses. You want to cooperate with the investigator, but you do not have to agree with their thinking about the case.
Be Prepared for Hearings:
Most evidentiary hearings at the UALD last a day or two. By the time you reach the hearing, you need to have conducted all the necessary discovery to present your position. You need to be able to present the documents that support your claims, call witnesses that support your claim and cross-examine adverse witnesses. Even though this is an administrative hearing, they generally follow the rules of evidence. If the matter continues to a hearing, your law firm will represent your business, presenting your case and advocating on your behalf to ensure a fair and just outcome.
Compliance Guidance:
An experienced law firm can also help you implement proactive measures to ensure compliance with anti-discrimination laws in the future, reducing the risk of similar charges.
Conclusion
Receiving a discrimination charge from the Utah Anti-Discrimination and Labor Division can be a daunting experience for small business owners. However, with the right legal support, you can effectively navigate this challenging situation and protect your business’s reputation and rights. If you have received a discrimination charge or want to be prepared for such an event, do not hesitate to call Ken Parkinson at Howard, Lewis, and Petersen discrimination law. We can supply the guidance and representation you need to achieve the best possible outcome for your business.
Utah Employment Discrimination Attorney Ken Parkinson. Call/Txt (801) 373-6345.